Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12241 of 2025 Date of Decision: 28.07.2025 _______________________________________________________ Gopal Chand …….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. Loveneesh Singh Thakur, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No. 1-State. Mr. Kush Sharma, Advocate, for respondents No. 2 to 6. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Clerk in the office of Executive Engineer, HIMUDA, Division Mandi, Himachal Pradesh, is aggrieved by order dated 22.07.2025 (Annexure P-1), whereby he has been transferred from afore station to Head Office, Nigam Vihar, Shimla, against vacancy.
2. Since it is quite apparent from the documents adduced on record that petitioner has been working at present place of posting for more than seven years, there appears to be no justification to 1Whether the reporters of the local papers may be allowed to see the judgment?
2 interfere with the impugned transfer order and as such, same is upheld.
3. However, having taken note of the fact that petitioner’s wife is also working in DC Office, Mandi and has recently been blessed with a baby, coupled with the fact that petitioner has already filed representation for his adjustment at a convenient station, this Court, without going into the merit of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide representation of the petitioner (Annexure P-2), expeditiously, preferably within one week. Ordered accordingly. 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 Transfer Policy formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer/adjustment on medical grounds and on the ground of adverse family circumstances. 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. (Sandeep Sharma), Judge July 28, 2025 (Sunil)