Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 17972 (HP)

DESH RAJ v. THE STATE OF HP AND OTHERS

CWP/10039/2025 · 2025-06-23

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10039 of 2025 Date of Decision: 23.6.2025 _____________________________________________________________________ Desh Raj ……...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. V. B. Verma and Mr. Mukul Sharma, Advocates. s For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol 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 TGT (Arts), Govt. High School Jawalpur, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation, whereby he has sought transfer from the aforesaid station to one of the stations of his choice as detailed in the representation on account of medical grounds. It is averred in the petition that though petitioner has not completed normal tenure at present place of posting, but on account of medical condition, it is not in the interest of the petitioner to remain posted at present place of posting, rather he is required to be posted at one of the stations of his choice. - 2 - 2. While putting in appearance on behalf of the respondents, Mr. Ravi Chauhan, learned Deputy Advocate General, states that petitioner has not completed normal tenure at present place of posting and prior to filing of the representation annexed with the petition, two representations, praying for similar relief already stand rejected by the competent authority. He further states that no document, if any, has been placed on record by the petitioner indicative of the fact that petitioner is suffering from Gangrene and respiratory problem. 3. Having carefully perused averments contained in the petition, which is duly supported by an affidavit as well as documents annexed therewith, this Court without going into the merits of the case deems it fit to dispose of the present petition with liberty to the petitioner to file fresh representation within three days, which in turn shall be decided by the competent authority, expeditiously, preferably, within four 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 taking note of the transfer policy, which certainly enables an employee to seek transfer/adjustment at a convenient place on medical grounds. Pending applications, if any, also stand disposed of. June 23, 2025 (Sandeep Sharma), (manjit) Judge