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2025 DAILYLAW 21908 (HP)

SUNITA KUMARI v. THE STATE OF HP AND ANOTHER

CWP/12347/2025 · 2025-07-30

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12347 of 2025 Date of Decision: 30.07.2025 _____________________________________________________________________ Sunita Kumari ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Niranjana Subhash, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & 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 TGT (Non- Medical) at Government Middle School Sharanal under complex GSSS Thalout, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-1), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation, on account of couple case. 2. Though petitioner has not completed normal tenure at present place of posting, but on account of posting of her husband at District Una, she has made representation for transfer on the ground of couple case. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General. Mr. Verma, states that since petitioner has not completed normal tenure at present place of posting, she is not entitled to seek transfer especially to a station of her choice, rather it is the sole prerogative of the employer to post an employee at a particular station. 4. Though this Court does not see any reason to differ with the aforesaid submission made by Mr. B.C.Verma, learned Additional Advocate General, but having taken note of Clause 5.4 of Transfer Policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer on the ground of couple case, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation (Annexure P-1) filed by the petitioner expeditiously, preferably within a period of three weeks from today. Ordered accordingly. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall 2 afford an opportunity of being heard to the petitioner and pass speaking order. Pending applications, if any, stand disposed of. July 30, 2025 (Sandeep Sharma), (sunil) Judge 3