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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13383 of 2025
Date of Decision: 21.8.2025 _____________________________________________________________________ Rahul Sharma ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Surinder Parkash Sharma , Advocate. s For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as TGT (Sanskrit) at Govt. High School Jaar Drabil u/c Government Senior Secondary School Bhatgarh, Education Block Dadahu, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his representation (Annexure P-2) within time bound manner, whereby he has prayed for his transfer from afore station to one of the stations as detailed in the representation on the ground that he has been transferred from one hard area to another hard area. 2. Prior to his posting at afore school, petitioner was working at Govt. High School Phati Karana u/c Government Senior Secondary School Kungash, Education Block Anni, District Kullu,
- 2 - Himachal Pradesh, which is a hard area. Petitioner was again posted from afore station to Govt. High School Jaar Drabil u/c Government Senior Secondary School Bhatgarh, Education Block Dadahu, District Sirmaur, Himachal Pradesh, which is also a hard area. Though petitioner is not averse to his transfer from GSSS Kungash, Education Block Anni, but his precise grouse is that he is required to be transferred to one of the stations of his choice, but before representation, if any, filed by him in that regard, could be considered, respondents transferred him to Govt. High School Jaar Drabil u/c Government Senior Secondary School Bhatgarh, Education Block Dadahu, which is again a hard area. 3. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. B.C. Verma, learned Additional Advocate General, who states that since petitioner had not filed any representation prior to his transfer at Govt.
High School Jaar Drabil u/c Government Senior Secondary School Bhatgarh, Education Block Dadahu, District Sirmaur, Himachal Pradesh, there was otherwise no occasion for the respondents to give him posting at a station of his choice. He states that representation, if not already decided, shall be decided expeditiously. 4. Since it is quite apparent from the pleadings adduced on record by the petitioner in the petition, which is duly supported by an
- 3 - affidavit that prior to transfer of the petitioner from afore school at Govt. High School Jaar Drabil u/c Government Senior Secondary School Bhatgarh, Education Block Dadahu, District Sirmaur, Himachal Pradesh, he was posted at GSSS Kungash, Education Block Anni, which is hard area, prayer made by the petitioner for his transfer to one of the stations of his choice, deserves to be considered. 4. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with direction to the respondents/competent authority to decide the pending representation having been filed by the petitioner (Annexure P-2), expeditiously, preferably, within three weeks. 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 a speaking order thereupon taking note of transfer policy, which enables an employee to seek transfer/ adjustment in soft area or one of the stations of choice after completion of normal tenure of posting in hard area. Pending applications, if any, also stand disposed of. August 21, 2025
(Sandeep Sharma), (manjit)
Judge