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High Court of Himachal Pradesh · body

2025 DAILYLAW 19690 (HP)

RAKESH CHAND v. THE STATE OF HP AND OTHERS

CWP/11211/2025 · 2025-07-11

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11211 of 2025 Date of decision: 11.07.2025 Rakesh Chand ...Petitioner. Versus State of H.P. and Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Ajeet S. Saklani, Advocate. For the respondents : Mr. Rajan Kahol, Additional Advocate General with Mr. B.C. Verma and Mr. Ravi Chauhan, Deputy Advocates General. Jyotsna Rewal Dua, Judge Notice confined to respondents No. 1 to 3 and 5, which is waived by Mr. Rajan Kahol, Additional Advocate General. Considering the nature of order being passed hereinafter, neither reply is required to be called for from the appearing respondents, nor notice is required to be issued to respondent No. 4. 2. With the consent of learned counsels for parties, the matter is heard at this stage. -2- 3. Petitioner’s grievance is to the order dated 03.06.2025(Annexure P-1) that transfers him from GSSS Kharwar, District Hamirpur to GHS Mahipur u/c GSSS Bechar Ka Bagh (District Sirmaur) vice respondent No. 4. 4. Learned counsel for the petitioner submitted that though the petitioner has complied with the impugned transfer order, but he had represented to the competent authority/respondent No. 2 seeking his adjustment. The aforesaid representation dated 02.07.2025 (Annexure P-2) has not been decided till date. In the aforesaid representation, the petitioner had also prayed for concessions flowing from Clause 5.4 of the applicable transfer policy to the couples serving in the State of Himachal Pradesh, as his wife, serving as Language Teacher is currently posted in District Kangra; That petitioner has de- tailed adverse family circumstances being faced by him viz. his old parents residing with his wife and other family members; His wife taking care of all domestic problems on her own; Petitioner has never been posted in District Kangra till date; and the present place of posting of the petitioner be- ing 270 kilometers away from his native place. -3- Learned counsel for the petitioner further submits that the petitioner would be satisfied in case respondent No. 2/competent authority is directed to consider and decide the aforesaid representation within a time bound schedule. Learned Additional Advocate General is not averse to this prayer. 5. In view of the above, this writ petition is disposed of with direction to respondent No. 2/competent authority to consider and decide the aforesaid representation of the petitioner dated 02.07.2025 (Annexure P-2) in accordance with law and applicable transfer policy, within a period of two weeks from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 11th July, 2025 Judge (Vriti)