Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 22830 (HP)

SUNIL SINGH v. THE STATE OF HP AND OTHERS

CWP/13013/2025 · 2025-08-12

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13013 of 2025 Date of Decision: 12.08.2025 _______________________________________________________ Sunil Singh …….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. H.S.Rangra, 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, Judge(oral): Petitioner herein, who at present is working as Veterinary Pharmacist at VPC Chamba, District Chamba, Himachal Pradesh, is aggrieved by order dated 17.07.2025 (Annexure P-3), whereby he has been transferred from afore station to VD Shaur Pangi, District Chamba, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. H.S.Rangra, learned counsel representing the petitioner, is that impugned transfer 1Whether the reporters of the local papers may be allowed to see the judgment? 2 order is in violation of Transfer Policy because petitioner has not been permitted to complete his normal tenure at present place of posting. While referring to order dated 17.07.2025 (Annexure P-3), whereby petitioner has been transferred from VPC Chamba, District Chamba, Himachal Pradesh, to VD Shour Pangi, Mr. Rangra, states that petitioner was posted at present place of posting two years back and as such, there was no occasion for the respondents to transfer him to VD Shaur Pangi, which is a distant place. Besides above, it has also been submitted at the behest of the petitioner that since he is due to retire within 21 months, he could not have been transferred in terms of Clause 16 of the Transfer Policy, which clearly provides that employee nearing retirement or having less than two years to retire may be posted at a convenient station. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that though petitioner has remained posted at present place of posting for more than two years, but if his previous stay is seen, he remained posted in District Chamba and as such, no illegality can be said to have been committed by the respondents, while passing impugned transfer order. He further states that 3 representation, if any, filed by the petitioner with regard to his adjustment at a convenient station on account of his having less than two years to retire shall be considered in accordance with Transfer Policy. 4. Though this Court is not persuaded to agree with Mr. H.S.Rangra, learned counsel for the petitioner, that petitioner has not been permitted to complete his normal tenure at present place of posting, however, having taken note of fact that petitioner is due to retire within 21 months, coupled with the fact that Transfer Policy formulated by the Government of Himachal Pradesh itself enables an employee, who is nearing retirement, to seek adjustment at a convenient station, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation of the petitioner (Annexure P-4) expeditiously, preferably within a period of two weeks. Ordered accordingly. 5. Ordered accordingly. 5. 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. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at 4 transferred station in terms of impugned transfer order, if not already relieved. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge August 12, 2025 (Sunil)