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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9081 of 2025 Date of Decision: 30.05.2025 _____________________________________________________________________ Sushma Devi ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Mukul Sood, 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 TGT (NM) at GMS Bohrar, u/c Government Senior Secondary School Nerwa, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representations (Annexures P-3 & P-6), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in representations, on account of adverse family circumstances and completion of normal tenure of posting in a tribal area. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar, fairly states that mere completion of tenure in rural area does not make an petitioner entitled to seek transfer to one of the stations of her choice. He further states that representation filed by the petitioner, if not already decided, shall be decided expeditiously. 3. Careful perusal of averments contained in the petition, which are duly supported by an affidavit, clearly reveals that petitioner has already completed four years and three months at present place of posting, which admittedly falls in rural area and her daughter is getting treatment from PGI, Chandigarh and there is none to take care of her as the husband of the petitioner is also working in Dharamshala. Since Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer on account of adverse family circumstances, coupled with the fact that petitioner has already approached respondents by way of representation, as detailed hereinabove, this Court sees no impediment in issuing directions to the respondents to consider and decide the representation of the petitioner expeditiously. 2
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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 representation of the petitioner (Annexures P-3 & P-6) 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 order taking note of Transfer Policy, which enables an employee to seek transfer from hard area to soft area on account of his/her having completed normal tenure of posting i.e. two winters and three summers. Pending applications, if any, stand disposed of. May 30, 2025 (Sandeep Sharma), (sunil)
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