Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.14769 of 2025 Date of Decision: 12.09.2025 _______________________________________________________ Pankaj Kumar
…….Petitioner
Versus
State of Himachal Pradesh and another … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. C.D.Negi, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral):
Petitioner herein, who at present is working as Agriculture Extension Officer, Development Block, Kalpa at Reckong Peo, District Kinnaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his pending representations dated 02.08.2025 and 18.08.2025 (Annexure P-1 colly), whereby he has prayed for his transfer from afore station to one of the stations of his choice, as detailed in the representation, on the ground that prior to his posting at afore station vide order dated 17.03.2024, petitioner had already served in tribal area for more than four years. 1Whether the reporters of the local papers may be allowed to see the judgment? 2
2. It is averred in the petition that though petitioner had served tribal area w.e.f. 2016 to 2020, but yet respondents again transferred him to tribal area vide order dated 17.03.2024. Since petitioner has served tribal area for more than 5 year w.e.f. 2016 to 2020 and 17.03.2024 to till date, prayer has been made on behalf of the petitioner to transfer him from afore station to one of the stations of his choice. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General fairly states that petitioner cannot be said to have completed normal tenure of posting in tribal area after his transfer vide order dated 17.03.2024. He states that petitioner has been recently posted in tribal area vide order dated 17.03.2024. He further states that petitioner was given station of his choice i.e Sundernagar after his having completed normal tenure of posting in hard/tribal area and as such, present petition deserves dismissal. 4.
Though, it is apparent from the pleadings adduced on record by the petitioner that during second tenure, petitioner has not completed normal tenure of posting, rather he has recently joined the tribal area i.e. at Reckong Peo vide order dated 17.03.2024, but this
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Court cannot lose sight of the fact that prior to petitioner’s posting vide
order dated 17.03.2024 at Reckong Peo, petitioner had already served hard/tribal area w.e.f. 2016 to 2020. If it is so, he otherwise could not have been transferred again back to tribal area, but since petitioner never laid challenge to order dated 17.03.2024 in the competent court of law, there appears to be no justification to comment upon the same. However, having taken note of the fact that petitioner has already approached the competent authority by way of representation, this Court without going into the merits of the case, deems it fit to dispose of the same, with a direction to the respondents to consider and decide the pending representations dated 02.08.2025 and 18.08.2025 (Annexure P-1 colly) of the petitioner expeditiously, preferably within a period of 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 order, taking note of the fact that petitioner has already served in hard/tribal area on two occasions for more than five years. Pending applications, if any, also stand
disposed of.
1. p
(Sandeep Sharma),
Judge September 12,2025 (shankar)