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2025 DAILYLAW 19509 (HP)

TAPSYA DEVI v. THE STATE OF HP AND OTHERS

CWP/10905/2025 · 2025-07-08

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10905 of 2025 Date of Decision: 08.07.2025 _______________________________________________________ Tapsya Devi …….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. Rajat Kumar, 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 TGT (Non-Medical) at GMS Kartoo, u/c Deothi Majhgaon, Education Block Rajgarh, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation dated 23.05.2025 (Annexure P-3), whereby she has prayed for her transfer from District Sirmaur to District Una on the grounds that she has already completed normal tenure of posting in District Sirmaur, Himachal Pradesh and is facing adverse family circumstances. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, fairly states that representation for transfer on the ground of adverse family circumstances, if not already decided, shall be decided in accordance with law. 3. Since Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer on the ground of adverse family circumstances, coupled with the fact that petitioner, on account of her posting in District Sirmaur, is unable to take care of her ailing parents-in-law and children, 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 of the petitioner (Annexure P-3) expeditiously, preferably within a period of three weeks from today. Ordered accordingly. 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 on account of adverse family circumstances. Needless to say, petitioner, if required, may also submit new representation to the 3 competent authority at the time of personal hearing, indicating therein the name of schools in District Una, where she can be accommodated. Pending application(s), if any, stand disposed of. p (Sandeep Sharma), Judge July 08, 2025 (Sunil)