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2025 DAILYLAW 15855 (HP)

YOGENDER CHAUHAN v. THE STATE OF HP AND ANOTHER

CWP/8971/2025 · 2025-05-29

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8971 of 2025 Date of Decision: 29.05.2025 _____________________________________________________________________ Yogender Chauhan ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Atul Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Chief Ayurvedic Pharmacy Officer at Ayush Health and Wellness Centre, Nainatikker, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-2), whereby he has prayed for his transfer from present place of posting to one of the stations, as detailed in the representation, on account of his having less than three years to retire. 2. It has been averred in the petition, which is duly supported by an affidavit that since petitioner herein is going to retire within a period of two years, he is entitled to be posted at one of the stations of his choice in terms of Clause 5.5 of the Transfer Policy. 3. 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, learned Additional Advocate General, fairly states that representation (Annexure P-2) filed by the petitioner, if not already decided, shall be decided expeditiously. 4. Consequently, in view of the 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-2) filed by the petitioner expeditiously, preferably within a period of three weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereafter taking note of Clause 5.5 of Transfer Policy, which enables an employee nearing retirement to seek cancellation of transfer/adjustment at a convenient station of his choice. Pending applications, if any, stand disposed of. May 29, 2025 (Sandeep Sharma), (sunil) Judge 2