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2025 DAILYLAW 20872 (HP)

NARESH KUMAR v. STATE OF HP AND ANR

CWP/11751/2025 · 2025-07-22

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11751 of 2025 Date of Decision: 22.07.2025 _______________________________________________________ Naresh Kumar …….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. Vaibhav Tanwar, Advocate. For the Respondents: Mr. Vishal Panwar & 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 (Arts) at GHS Kalhani u/c GSSS Sarachi, District Mandi, Himachal Pradesh, is aggrieved by the in action of the respondents, who, despite there being representation made by the petitioner to transfer him from afore station to one of the stations, as detailed in the representation, have failed to consider his request. 2. Averments contained in the petition reveals that petitioner has been recently posted at GHS Kalhani u/c GSSS Sarachi, District Mandi, Himachal Pradesh, but on account of ill-ness of his son, he is 1Whether the reporters of the local papers may be allowed to see the judgment? 2 seeking transfer to one of the stations, as detailed in the representation, enabling him to take his son for treatment to PGI Chandigarh on regular basis. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar, states that petitioner has been recently posted at present place of posting and as such, he is estopped from making prayer for his transfer to other station. 4. Though having carefully perused averments contained in the petition, which are duly supported by an affidavit, this Court finds that petitioner has not completed normal tenure at present place of posting, but since Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer/adjustment on medical grounds, coupled with the fact that son of the petitioner is unwell and for that purpose, he is regularly taken to PGI Chandigarh, 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 (Annexure P-3) of the petitioner expeditiously, preferably within three weeks. Ordered accordingly. Ordered accordingly. Needless to say, authority concerned, while doing the 3 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. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 22, 2025 (Sunil)