Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 18502 (HP)

VINOD SINGH v. THE STATE OF HP AND OTHERS

CWP/10309/2025 · 2025-06-27

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10309 of 2025 Date of Decision: 27.06.2025 _______________________________________________________ Vinod Singh …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Naresh Kaul, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for respondents- State. Mr. Rajesh Parkash, Advocate, for respondent No. 3. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Panchayat Secretary at Gram Panchayat Giora, Development Block Nurpur, District Kangra, Himachal Pradesh, is aggrieved of impugned transfer order dated 24.06.2025, whereby he has been transferred from afore station to Gram Panchayat Kosri (Lambagaon), against vacant post. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Naresh Kaul, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 learned counsel representing the petitioner, is that impugned transfer order is passed in violation of Transfer Policy because petitioner has not been permitted to complete his normal tenure at present place of posting. He states that distance between present place of posting and the transferred station is more than 100 Kms and as such, on account of medical condition of the petitioner, it may not be possible for him to join at transferred station, rather joining may deteriorate the health of the petitioner. 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-State and respondent No. 3, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General and Mr. Rajesh Parkash, Advocate, who vehemently argued that petitioner has remained posted in and around present place of posting for more than ten years and as such, he cannot claim that he has not completed his normal tenure at present place of posting. Above named counsels state that prior to posting of the petitioner at Gram Panchayat Giora, Development Block Nurpur, District Kangra, Himachal Pradesh, he was posted in Development Block Fatehpur, which is at a distance of 30 Kms. 4. Having taken note of the fact that petitioner has already completed normal tenure at present place of posting, this Court sees 3 no reason to interfere in the impugned transfer order and as such, same is upheld. However, having taken note of medical condition of the petitioner as is evident from the documents adduced on record, coupled with the fact that he is under treatment from Fortis, Mohali, this Court deems it fit to dispose of the present petition reserving liberty to the petitioner file representation to the competent authority within two days, praying therein for his adjustment at a convenient station, which shall be decided by the competent authority within ten days. Ordered accordingly. 5. 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 taking note of Transfer Policy, which certainly enables an employee to seek transfer/adjustment at a convenient station on medical grounds. Impugned transfer order qua petitioner shall be kept in abeyance. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge June 27, 2025 (Sunil)