IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11257 of 2025 Date of Decision: 15.07.2025 _______________________________________________________ Manish Guleria …….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. Vinod Chauhan and Ms. Nandita Guleria, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who has been recently posted as B Class Naib Tehsildar, is aggrieved by order dated 01.07.2025 (Annexure P-3), whereby he has been posted at Sub Tehsil Kakira, District Chamba, Himachal Pradesh, against vacancy. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vinod Chauhan, learned counsel representing the petitioner, is that though due to adverse medical condition of the petitioner, he had filed representation in advance to the competent authority, praying therein to give him posting at a convenient station so that he is able to get 1Whether the reporters of the local papers may be allowed to see the judgment? 2 proper treatment, but vide order dated 01.07.2025, petitioner had been posted at Sub Tehsil Kakira, District Chamba, Himachal Pradesh, which is very far from PGI, Chandigarh, from where he is taking treatment. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that present petition is not maintainable because by way of impugned order dated 01.07.2025, petitioner has not been transferred, rather he has been given his first posting after selection to the post of Naib Tehsildar. 4. Though having carefully perused order dated 01.07.2025, this Court is persuaded to agree with Mr. Ravi Chauhan, learned Deputy Advocate General, that petitioner has been given new posting at Sub Tehsil Kakira, District Chamba, Himachal Pradesh after his having completed Settlement/Revenue training, but it is not in dispute that prior to petitioner’s posting qua the post of Nail Tehsildar, he was working in DC Office Kullu as Superintendent Grade-II. It is also not in dispute that petitioner is suffering from B/L Buphthalmos with marked Choroidosclerosis, optic atrophy R/E with B/L Haab striae and his visual acquity is hand movement close to face in R/E along with 3 perception of Light present in L/E, coupled with the fact that his disability is 100%, which is permanent. 5. Though it is a prerogative of the employer to post an employee at a particular station, especially on promotion or new posting, but having taken note of medical condition of the petitioner, as detailed hereinabove, coupled with the fact that petitioner has already filed detailed representation (Annexure P-1), 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 representation of the petitioner (Annexure P-1) expeditiously, preferably within ten days. 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 adverse medical condition of the petitioner and if possible, he be given posting at a convenient station so that he receives proper medical care and attention. 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 July 15, 2025 (Sunil)