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2025 DAILYLAW 16508 (HP)

MANOJ KUMAR v. THE STATE OF HP AND ANOTHER

CWP/9405/2025 · 2025-06-05

Sandeep Sharma

body2025

Judgment text

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( 2025:HHC:18156 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9405 of 2025 Date of Decision: 5.6.2025 _____________________________________________________________________ Manoj Kumar .…...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. Vikas Rathore, Advocate. For the respondents: Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Through instant petition, the petitioner has prayed for issuance of directions to the respondents to consider and decide his representation dated 2.5.2025 (Annexure P-3) whereby he has prayed for his transfer from present place of posting, i.e, AHC Themgrag, Tehsil Moorang, District Kinnaur, H.P to one of the stations of his choice mentioned in the representation on account of his having completed normal tenure of posting at the present place of posting, i.e., hard/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. Ravi Chauhan, learned Deputy Advocate General. While accepting notice on behalf of the respondents, learned Deputy Advocate General ( 2025:HHC:18156 - 2 - states that though in terms of transfer policy, an employee after his/her having completed normal tenure of posting in hard area, i.e., two winters and three summers is required to be transferred to one of stations of his/her choice but in the instant case petitioner is yet to complete his normal tenure of posting. He states that the petitioner shall be completing his normal tenure of posting at the present place of posting after four months, i.e., in the month of October, 2025 and as such, the present petition being premature deserves to be rejected outrightly. 3. Since it is not in dispute that in terms of transfer policy, an employee after his/her having completed normal tenure of posting in hard area, i.e., two winters and three summers is entitled to be transferred to one of the stations of his/her choice coupled with the fact the petitioner has already completed two winters and two and half summers at present place of posting, this Court sees no impediment in accepting the innocuous prayer made by the petitioner for consideration of his representation by the competent authority in a time bound manner. 4. Consequently, in view of the above, respondents are directed to consider and decide the pending representation (Annexure P-3) of the petitioner expeditiously, preferably within a period of three months. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an ( 2025:HHC:18156 - 3 - opportunity of being heard to the petitioner and pass speaking order having taken note of the transfer policy formulated by the Government of Himachal Pradesh. Pending applications, if any, also stand disposed of. June 5, 2025 (Sandeep Sharma) mamta Judge