VIRENDER KUMAR SHARMA v. THE STATE OF HP AND OTHERS
CWP/14399/2025 · 2025-09-08
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25138 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25138 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14399 of 2025
Date of Decision: 8.9.2025 _____________________________________________________________________ Virender Kumar Sharma ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Jagat Pal, 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 Sr. Assistant in the Office Sub Divisional Officer (C) Sub-Division Dodra Kawar, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider his prayer for transfer from afore station to one of the stations of his choice on the ground that he has already completed normal tenure in hard/tribal area. 2. Averments contained in the petition, which is duly supported by an affidavit, reveals that petitioner herein has been working at present place of posting since 23.3.2023 i.e. two winters and three summers. Petitioner verbally requested to the respondents
- 2 - to transfer him from afore station to one of the stations of his choice, but in vain. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that since petitioner has not filed any representation praying therein for his transfer form present place of posting to another station, needful could not be done of its own by the department. 4. Since it is quite apparent from the pleadings adduced on record by respective parties, that petitioner has already completed normal tenure at present place of posting in hard/tribal area, coupled with the fact that clause 16.1 of the transfer policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer from hard area to soft area or one of the stations of his choice after completion of normal tenure of posting.. 5.
Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the same, reserving liberty to the petitioner to file representation, praying therein for his transfer from present place of posting to one of the stations of choice, to the competent authority within two days, which in turn shall be decided within two weeks thereafter. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms
- 3 - of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order taking note of transfer policy. Pending applications, if any, also stand disposed of. September 8, 2025
(Sandeep Sharma), (manjit)
Judge