IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10305 of 2025 Date of Decision: 27.06.2025 _______________________________________________________ Manju Kumari …….Petitioner Versus State of Himachal Pradesh & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Chaman Negi, 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. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Staff Nurse at Civil Hospital Sundernagar, 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 (Annexure P-2), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation. 2. Though it has been admitted at the behest of the petitioner that she has already completed her normal tenure at Civil 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Hospital Sundernagar, District Mandi, Himachal Pradesh, but since prayer has been made on her behalf for cancellation of her transfer on account of adverse family circumstances, it may not be possible for her to join CH Kawar, which is at a distance of 300 Kms from present place of posting. 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, states that since petitioner has already completed normal tenure at present place of posting, coupled with the fact that there is acute shortage of nurses in Kawar, no illegality can be said to have been committed by the respondents, while passing impugned transfer order. Mr. Kahol, further submitted that Principal Division Bench has already taken cognizance of shortage of nurses in various Hospitals and Medical Institutions and in that regard directions already stand issued to Secretary Health Education to ensure that adequate number of nurses are deployed in medical institutions. 4. Since petitioner has already completed normal tenure at present place of posting, coupled with the fact that prior to her posting at Sundernagar, she was serving in District Shimla, this Court sees no reason to interfere in the impugned transfer order, however, direction 3 can be issued to the respondents to consider and decide the representation of the petitioner in accordance with law. 5. 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 pending representation (Annexure P-2) filed by the petitioner expeditiously, preferably within a period of ten days from today. Ordered accordingly. 6. 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 formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer/adjustment at a convenient station on account of adverse family circumstances. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge June 27, 2025 (Sunil)