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2025 DAILYLAW 23404 (HP)

RAJ KUMAR SAKLANI v. STATE OF HP AND ANR

CWP/13351/2025 · 2025-08-20

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13351 of 2025 Date of Decision: 20.08.2025 _______________________________________________________ Raj Kumar Saklani …….Petitioner Versus State of Himachal Pradesh and another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Bonit Thakur, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Bonit Thakur, learned counsel for the petitioner, is that though petitioner herein, who is working as Headmaster at GHS, Sargha, Tehsil Nirmand, District Kullu, Himachal Pradesh, has completed normal tenure of posting in afore station, which is a hard area, but yet he is not being transferred to soft area or one of the stations of his choice in terms of transfer policy. Besides above, it is also averred in the petition that petitioner is due to retire in the month of April, 2027 i.e. less than two years and 1Whether the reporters of the local papers may be allowed to see the judgment? 2 as such, he otherwise is required to be given one of the stations of his choice. 2. 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 though petitioner may have completed normal tenure of posting at present place of posting, but since he never filed any representation to the competent authority, there was otherwise no occasion to the respondents to transfer him to one of the stations of his choice. 3. Since it is quite apparent from the pleadings as well as other material adduced on record, which are duly supported by the affidavit, that petitioner has already completed normal tenure of posting at present place of posting i.e. two winters and three summers, coupled with the fact that he is due to retire within a period of less than two years, prayer made on behalf of the petitioner to issue direction to the respondents to consider him for transfer from present place of posting to one of the stations of his choice, deserves to be considered. 4. 4. Consequently, in view of the above, the present petition is disposed of, reserving liberty to the petitioner to file representation 3 to the competent authority within a period of one week, detailing therein vacant stations of his choice, where he can be posted in terms of transfer policy, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of three weeks, taking note of transfer policy, which certainly enables an employee working in hard area to seek transfer from hard area to soft area after his/her having completed normal tenure of posting. 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 and would also take note of provision contained in the transfer policy with regard to adjustment of an employee nearing retirement, especially when petitioner is due to retire with a period of less than two years. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge August 20,2025 (shankar)