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2025 DAILYLAW 22763 (HP)

ANOJ KUMAR v. THE STATE OF HP AND ANOTHER

CWP/12864/2025 · 2025-08-08

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12864 of 2025 Decided on: 8th August, 2025 ------------------------------------------------------------------------------------- Anoj Kumar …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Mukul Sood, Advocate. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Vishwadeep Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner has grievance to order dated 04.08.2025 (Annexure P-2), whereby pursuant to the directions issued in Shammi Banyal Versus State of H.P. & Anr.2, he has been transferred from GSSS Birta, District Kangra to GSSS Dharampur Madhan, Tehsil Theog, District Shimla. Transfer has been ordered vice one Sh. Shammi 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 CWP No.11989 of 2025, decided on 31.07.2025 2 Banyal, who has been brought in place of the petitioner from GSSS Dharampur Madhan. 3. Learned counsel for the petitioner submits that the petitioner had preferred a representation against his transfer to respondent No.2 on 05.08.2025 (Annexure P-4), citing his domestic problems, viz. his mother suffering from chronic health issues, his wife serving as Junior Basic Teacher at Sundernagar, District Mandi and the fact that he has already served the hard area of GSSS Tissa at Bhanjraru w.e.f. 14.08.2017 to 21.02.2021. On the basis of above factors, the petitioner has prayed for his adjustment at some nearby station. Learned counsel for the petitioner further submits that the petitioner would be satisfied in case respondent No.2/competent authority is directed to consider and decide the aforesaid representation of the petitioner within a time bound schedule. Learned Additional Advocate General is not averse to this prayer. 4. In view of above submissions and without interfering with the transfer of Sh. Shammi Banyal at GSSS Birta, District Kangra under impugned order dated 04.08.2025 (Annexure P-2), this writ petition is disposed of by directing respondent No.2/competent authority to 3 consider and decide the aforesaid representation of the petitioner dated 05.08.2025 (Annexure P-4) in accordance with law and applicable transfer policy within a week from today. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 08, 2025 Judge Mukesh