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2025 DAILYLAW 15692 (HP)

KAPIL DEV v. STATE OF HP AND OTHERS

CWP/8821/2025 · 2025-05-27

Sandeep Sharma

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8821 of 2025 Date of Decision: 27.5.2025 _____________________________________________________________________ Kapil Dev ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. M.A. Safee, Pranav Kaushal and Mr. Sameer Miyan, Advocates. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Language Teacher at in GSSS Gullarwala (Karsoli) District Solan, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein directions to the respondents to consider and decide his representation (Annexure P-4), whereby he has prayed for his transfer under 5% inter-district quota on the ground that he has already completed normal tenure of posting. 2. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. B.C. Verma, learned Additional Advocate General. Mr. Verma, - 2 - fairly states that pending representation, if not already decided, shall be decided expeditiously. 3. Having taken note of the fair stand adopted by the learned Additional Advocate General coupled with the fact that office memorandum dated 20.11.2021, enables an employee to seek transfer from one district to other under 5% inter-district quota, after his/her completion of five years of service in one district, there appears to be no impediment in accepting the prayer made by the petitioner. 4. Consequently, in view of above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation (Annexure P-5) having been filed by the petitioner for transfer under 5% inter-district quota expeditiously, preferably within a period of three weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon taking note of observation made herein above as well as relevant provision contained in the office memorandum. Pending applications, if any, also stand disposed of. May 27, 2025 (Sandeep Sharma), (manjit) Judge