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2025 DAILYLAW 24092 (HP)

ASHA KUMARI v. THE STATE OF HP AND ANOTHER

CWP/13861/2025 · 2025-08-28

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13861 of 2025 Date of Decision: 28.08.2025 _____________________________________________________________________ Asha Kumari ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aafreen Kaushal, 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, J. (Oral) Petitioner herein, who at present is working as TGT (Non- Medical) at GSSS Seri-Batwara Bali Chowki, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-2), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation, on the ground of adverse family circumstances. 2. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, fairly states that though petitioner has not completed normal tenure at present place of posting, but representation, if any, filed by the petitioner on the ground of adverse family circumstances shall be considered and decided expeditiously. 3. Having carefully perused averments contained in the petition, which are duly supported by an affidavit, this Court finds that petitioner was appointed as TGT (Non-Medical) at GSSS Jharkot, Shimla, on batch wise basis and thereafter, on 21.03.2021, she was adjusted at GSSS Seri Batwara i.e. present place of posting. In the month of June, 2023, petitioner was regularized in the same school, meaning thereby, w.e.f 2021 she has been continuously working in the same school. 4. Since petitioner has already completed normal tenure at present place of posting, coupled with the fact that there are adverse family circumstances in her family, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation of 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 being heard to the petitioner and pass appropriate orders taking note of Transfer Policy, which enables an 2 employee to seek transfer from one station to another on the ground of adverse family circumstances. Pending applications, if any, stand disposed of. August 28, 2025 (Sandeep Sharma), (sunil) Judge 3