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2025 DAILYLAW 21658 (HP)

MOHINDER SINGH v. THE STATE OF HP AND OTHERS

CWP/12231/2025 · 2025-07-29

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12231 of 2025 Date of Decision:29.07.2025 _______________________________________________________ Mohinder Singh …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Hemant Kumar Thakur, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who is TGT (NM), is aggrieved of impugned transfer order dated 01.05.2025 (Annexure P-2), whereby he has been transferred from Government Middle School, Rambho, District Chamba, Himachal Pradesh to Government Middle School, Uekha, District Chamba, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Hemant Kumar Thakur, learned counsel for the petitioner, is that impugned transfer order has been passed in violation of transfer policy on account of the fact that petitioner is already serving in hard area for a 1Whether the reporters of the local papers may be allowed to see the judgment? 2 considerable time and as such, he could not be again transferred to sub cadre area. He states that Government Middle School, Rambho, where he has been teaching prior to his transfer is a hard area, but he has been again transferred to Government Middle School, Uekha, District Chamba, which is a sub cadre area. Though, in terms of impugned transfer order, petitioner stands relieved, but he has not joined till date at the transferred station on account of medical issue. Documents adduced on record by the petitioner that suggest that petitioner is suffering from psychiatric issue and has been advised rest by the doctor attending upon him. Learned counsel for the petitioner states that though petitioner is not opposed to his transfer from present place of posting, but in terms of transfer policy, he should be given some soft station or one of the stations of his choice, as detailed in the representation. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General states that representation, if not already decided, shall be decided expeditiously. 4. Having taken note of the fact that petitioner has already completed four years at Government Middle School, Rambho, which 3 is a hard area, coupled with the fact that transfer policy enables an employee, who is working in hard area, to seek transfer in soft area or one of the station of his choice, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the representation dated 23.07.2025 (Annexure P-4) having been filed by the petitioner expeditiously, preferably within a period of 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 appropriate order. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge July 29,2025 (shankar)