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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11901 of 2025 Date of Decision: 24.07.2025 _______________________________________________________ Anita …….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. Ashok Kumar, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Having carefully perused impugned order dated 18.07.2025 (Annexure P-5), whereby representation filed by the petitioner, in terms of order dated 19.05.2025 passed by Coordinate Bench this Court in CWP No. 8167 of 2025, came to be considered and rejected, this Court is fully persuaded to agree with learned counsel for the petitioner that competent authority has failed to take note of adverse family circumstances, as detailed in representation dated 11.03.2025, rather representation having been filed by the 1Whether the reporters of the local papers may be allowed to see the judgment?
2 petitioner, came to be rejected on the ground that at present she has posted in soft area.
2. This Court, having taken note of adverse family circumstances of the petitioner, coupled with the fact that provisions contained in Transfer Policy, enables an employee to seek transfer/adjustment on the ground of adverse family circumstances, had directed competent authority, vide order dated 19.05.2025passed in CWP No. 8167 of 2025, to decide the representation of the petitioner, but at present authority concerned, while passing impugned order, has failed to take note of the same.
3. In view of the above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned order dated 18.07.2025 (Annexure P-5) is quashed and set aside. Respondents are directed to consider and decide the representation dated 20.05.2025 (Annexure P-4) afresh taking note of adverse family circumstances, as detailed in the representation. 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. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 24, 2025 (Sunil)