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2025 DAILYLAW 22737 (HP)

RAJESH KUMAR v. HRTC AND OTHERS

CWP/12953/2025 · 2025-08-11

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12953 of 2025 Date of Decision:11.08.2025 _______________________________________________________ Rajesh Kumar …….Petitioner Versus Himachal Road Transport Corporation & anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the Respondents: Mr. Raman Jamalta, Advocate. Mr ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Junior Auditor, Himachal Road Transport Corporation, Taradevi, Shimla-I, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings seeking direction to the respondents to consider and decide his pending representation dated 17.07.2025 (Annexure P-4), whereby he has prayed for his transfer from present place of posting to District Mandi, Himachal Pradesh on medical grounds. 2. While putting appearance on behalf of the respondents, Mr. Raman Jamalta, learned counsel for the respondents states that though petitioner has completed normal tenure of posting at present place of posting, but such fact, if any, may not be relevant for transferring the petitioner from present place of posting to Mandi because in that regard 1Whether the reporters of the local papers may be allowed to see the judgment? 2 prerogative is of the employer to post an employee at a particular station. However, he states that representation, if any, to transfer the petitioner on medical grounds, if not already decided, shall be decided expeditiously. 3. Having taken note of the fact that petitioner has already completed normal tenure of posting at present place of posting, coupled with the fact that he has annexed number of documents with the petition to suggestive of the fact that he is suffering from back pain and he is under treatment from Mandi Hospital, coupled with the fact that transfer policy formulated by the Government of Himachal Pradesh, which has been further adopted by the respondent-Corporation, enables an employee to seek his/her transfer/adjustment at a convenient station on medical grounds, 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-4), of the petitioner expeditiously, preferably within a period of two weeks, taking note of the observations made hereinabove. 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. 2. p (Sandeep Sharma), Judge August 11,2025 (shankar)