Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9013 of 2025
Date of Decision: 30.5.2025 _____________________________________________________________________ Sushma Kumari ……...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. Vishwa Bhushan Advocate. 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/was working as Senior Scale Stenographer in the office of Deputy Commissioner, Bilaspur, is aggrieved of order dated 4.4.2025 (Annexure P-1), whereby she has been transferred to the office of Deputy Commissioner, Shimla, on account of promotion. 2. Though it has been fairly admitted at the behest of the petitioner that she has already completed normal tenure of posting at Bilaspur and otherwise on account of her promotion, she can be transferred, but prayer has been made by her to set-aside impugned
- 2 - transfer order on the ground of ill health as well as adverse family circumstances, due to which, she is unable to join at the transferred station. It is averred in the petition that husband of the petitioner remains unwell and recently, she has met with an accident, as a result thereof, she has been operated at AIIMS, Bilaspur. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, fairly states that since petitioner has been working at Bilaspur for last 27 years coupled with the fact that vide impugned order, she has also been promoted, present petition deserves outright dismissal. He further states that adequate medical facilities are also available at Shimla and as such, prayer made by the petitioner to adjust her on medical grounds is also not sustainable. 4.
Though having taken note of the fact that petitioner has served in Bilaspur for more than 27 years and vide impugned order, she has been promoted to the post of Personal Assistant, this Court sees no reason to interfere with the impugned transfer order dated 4.4.2025, however, having taken note of the averments contained in the petition, which is duly supported by an affidavit as well as representation (Annexure P-4), this Court without going into the merits of the case, deems it fit to dispose of the present petition with a
- 3 - direction to the respondents/competent authority to consider and decide pending representation (Annexure P-4) expeditiously, preferably, within ten days. 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 transfer policy, which certainly enables an employee to seek transfer on account of adverse family circumstances as well as on medical grounds. Till the time, representation is decided by the competent authority, petitioner shall continue to serve in the office of Deputy Commissioner, Bilaspur. Pending applications, if any, also stand disposed of. May 30, 2025
(Sandeep Sharma), (manjit)
Judge