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2025 DAILYLAW 21514 (HP)

KAILASH CHAND v. THE STATE OF HP AND OTHERS

CWP/12227/2025 · 2025-07-28

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12227 of 2025 Date of Decision: 28.7.2025 _____________________________________________________________________ Kailash Chand ……...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. Sandeep Chauhan, Advocate. s For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Class-IV at Ayurvedic Health Centre, Neharti-Bhagot, District Sirmaur, Himachal Pradesh, is aggrieved of order dated 24/25.6.2025, issued under the signature of Director (Ayush) Himachal Pradesh, whereby he has been transferred from Ayurvedic Health Centre Neharti Bhagot, District Sirmaur, Himachal Pradesh, to Ayurvedic Health Centre Majra, District Sirmaur, Himachal Pradesh, against a vacancy. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sandeep Chauhan, learned counsel for the petitioner is that impugned transfer order is violative of transfer policy for the reason that petitioner being class-IV employee could not be transferred to a far flung area, which is - 2 - at a distance of 200 kms. Besides above, it has been further stated in the petition that on account of his medical condition, he is not fit to be sent to Ayurvedic Health Centre Majra, District Sirmaur, Himachal Pradesh, where there would be none to take care of him. 3. 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. Rajan Kahol, learned Additional Advocate General. 4. Having perused aforesaid communication, which is taken on record, this Court finds that petitioner has already completed normal tenure at present place of posting and as such, there appears to be no justification to interfere with impugned transfer order, however having taken note of the fact that petitioner is Class-IV employee coupled with the fact that he is suffering from chest disorder, this Court without going into the merits of the case, deems it fit to dispose of the same with direction to the respondents to consider and decide pending representation of the petitioner, expeditiously, preferably, within three weeks. Ordered accordingly. 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 taking note of transfer policy formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer /adjustment to one of the stations of choice on account of - 3 - adverse family circumstances. Till the time representation is decided, he shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. July 28, 2025 (Sandeep Sharma), (manjit) Judge