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2025 DAILYLAW 21005 (HP)

EKTA THAKUR v. THE STATE OF HP AND OTHERS

CWP/11861/2025 · 2025-07-24

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11861of 2025 Date of Decision: 24.7.2025 _____________________________________________________________________ Ekta Thakur ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Anil Kumar, Advocate. s For the respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as JBT at Government Primary School Salagarh, Education Block Bala-Chowki Seraj, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her representation (Annexure P-1), whereby she has prayed for her transfer from afore station to one of the stations as detailed in the representation on account of the fact that petitioner has already completed normal tenure at present place of posting. 2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan states - 2 - that since petitioner has not completed normal tenure at present place of posting, which is claimed to be a hard area, she is not entitled to transfer to soft area in terms of transfer policy. 3. Having perused averments contained in the petition, which is duly supported by an affidavit, this Court finds that petitioner joined as JBT with the department on contract basis on 28.9.2022 and at the first instance, was posted at GPS Parnali, District Bilaspur, Himachal Pradesh, whereafter, she was transferred to District Mandi, Himachal Pradesh, under 5% intermediate district transfer quota and thereafter, she was posted at Government Primary School Salagarh, Education Block Bala-Chowki Seraj, District Mandi, Himachal Pradesh, on mutual basis, however, as of today, petitioner has served the afore school for two winters and three summers. If it is so, her claim for transfer from hard area to soft area, deserves to be considered in light of transfer policy. 2. 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 direction to the respondents/competent authority to decide the pending representation having been filed by the petitioner (Annexure P-1), expeditiously, preferably, within three 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 a speaking order thereupon taking - 3 - note of transfer policy, which enables an employee to seek transfer from hard area to soft area after completion of normal tenure of posting at one place i.e. two winters and three summers. Pending applications, if any, also stand disposed of. July 24, 2025 (Sandeep Sharma), (manjit) Judge