Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13751 of 2025
Date of Decision: 27.8.2025 _____________________________________________________________________ Milap Chand ……...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. Vikas Rajput, 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 (Arts) at GHS Graman, PO Thaltukhod, Tehsil Padhar, (Chuhar Ghati), District Mandi, Himachal Pradesh, which is a sub-cadre/difficult area, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his representation (Annexure P-3 Colly.) 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 account of the fact that petitioner has already completed normal tenure of posting in sub-cadre/difficult area. 2. 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. - 2 - Ravi Chauhan, learned Deputy Advocate General, who fairly states that representation, if not already decided, shall be decided expeditiously. 3. Since it is quite apparent from the pleadings adduced on record by the petitioner in the petition, which is duly supported by an affidavit that petitioner has already completed normal tenure at present place of posting i.e. two winters and three summers in sub- cadre/hard area coupled with the fact that transfer policy formulated by Government of Himachal Pradesh, enables an employee to seek transfer after completion of normal tenure at one place of posting i.e. two winters and three summers, this Court sees no impediment in issuing direction to the respondents to consider his pending representation in time bound manner. 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-3 Colly.), expeditiously, preferably, within four 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 from hard area to soft area after completion of normal tenure
- 3 - of posting at one place i.e. two winters and three summers. Pending applications, if any, also stand disposed of. August 27, 2025
(Sandeep Sharma), (manjit)
Judge