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2025 DAILYLAW 19290 (HP)

VINAY KUMAR v. THE STATE OF HP AND OTHERS

CWP/10897/2025 · 2025-07-08

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10897 of 2025 Date of Decision: 08.07.2025 _______________________________________________________ Vinay Kumar …….Petitioner Versus State of H.P. and Others ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Mandeep Chandel, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as JBT, at GPS Mornu, Education Block Banikhet, District Chamba, has approached this Court in the instant proceedings seeking direction to respondents to consider and decide his pending representation dated 20.05.2025 (Annexure P-4), whereby prayer has been made to transfer him from District Chamba to District Kangra under 5% inter- district quota on account of the fact that petitioner has already completed five years of posting in District Chamba. 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of respondents, who are otherwise represented by Mr. Ravi Chauhan, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 learned Deputy Advocate General. Mr. Chauhan fairly states that pending representation, if not already decided, shall be decided expeditiously, in accordance with law. 3. It is not in dispute, rather quite evident from the notification dated 20.11.2021 (Annexure P-3) that a JBT can seek transfer from one district to other district after his/her having completed five years in one district under 5% inter-district quota. Since petitioner has already completed more than six years in District Chamba, he is well within his right to represent to Government in terms of afore notification for transfer to other district, but since such prayer has not been accepted by the respondents, he is compelled to approach this Court in the instant proceedings. 4. 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 the direction to respondents to consider and decide the pending representation of the petitioner, expeditiously, preferably, within a period of 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 appropriate order thereupon taking note of notification dated 20.11.2021 (Annexure P-3), which certainly enables an employee to 3 seek transfer from one district to another district under 5% inter- district quota, after his/her having completed five years in one district. In the aforesaid terms, present petition is disposed of along with pending application(s), if any. p` (Sandeep Sharma), Judge July 08, 2025 (Rajeev Raturi)