Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10593 of 2025
Date of Decision: 3.7.2025 _____________________________________________________________________ Pooja Devi ……...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. Parav Sharma and Mr. Rahul Thakur, Advocates. 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 JBT at GPS Jadol, Taproli, Elementary Education Block Rajgarh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her representation (Annexure P-2), whereby she has prayed for transfer from afore station to GPS Ajouli, GPS Malukapur, GPS Raipur Sahoura, GPS Charatgarh or GPS Santoshgarh in District Una. 2. Though petitioner has not completed five years of posting in District Sirmaur and as such, she is not entitled for transfer under
- 2 - 5% inter district quota to District Una, but on account of adverse family circumstances, she has filed representation as detailed herein above, praying therein for her transfer, but since such prayer of her has not been considered till date, she is compelled to approach this Court in the instant proceedings. 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 reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that since petitioner has already completed normal tenure at present place of posting, she cannot claim transfer under 5% inter-district quota, but he fairly states that on account of adverse family circumstances, representation, if any, of the petitioner, if not already decided, shall be decided in accordance with law. 4. Having taken note of the aforesaid fair stand adopted by learned Deputy Advocate General, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with direction to the respondents/competent authority to decide the pending representation having been filed by the petitioner (Annexure P-2), expeditiously, preferably, within three 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 thereupon taking
- 3 - note of transfer policy, which provides for adjustment of an employee, on account of adverse family circumstances. Pending applications, if any, also stand disposed of. July 3, 2025
(Sandeep Sharma), (manjit)
Judge