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2025 DAILYLAW 24307 (HP)

VIKASH JASWAL v. THE STATE OF HP AND ANOTHER

CWP/13875/2025 · 2025-08-28

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13875 of 2025 Date of Decision: 28.08.2025 _____________________________________________________________________ Vikash Jaswal ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Tarun K.Sharma, 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 (Arts) at GSSS Rajgarh, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-1), whereby he has prayed for his transfer from present place of posting to one of the stations, as detailed in the representation, on account of his having completed normal tenure of posting at present place of posting. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that though petitioner has already completed normal tenure at present present place of posting, but that fact may not be very much relevant for consideration of the prayer made on behalf of the petitioner for transfer because mere completion of tenure does not entitle the petitioner for transfer, rather it is the sole prerogative of the employer to transfer an employee at a particular station. 4. Since petitioner has already completed normal tenure at present place of posting as is evident from the pleadings adduced on record, which are duly supported by an affidavit, coupled with the fact that Transfer Policy formulated by the Government of Himachal Pradesh enables an employee to complete normal tenure of three years at one station, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation (Annexure P-1) of the petitioner expeditiously, preferably within three weeks from today. 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. Pending applications, if any, stand disposed of. August 28, 2025 (Sandeep Sharma), (sunil) Judge 2