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2025 DAILYLAW 25500 (HP)

MUNISH KUMAR v. THE STATE OF HP AND ANOTHER

CWP/14719/2025 · 2025-09-11

Sandeep Sharma

body2025

Judgment text

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2025:HHC:31092 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14719 of 2025 Decided on: September 11, 2025 ______________________________________________________________ Dr. Munish Kumar ...Petitioner Versus State of Himachal Pradesh and another …....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, with Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________________________ Sandeep Sharma, J. Seeking relief of Clause 16.1 of Comprehensive Guiding Principles, the petitioner, a Medical Officer, presently posted at Civil Hospital, Killar (Pangi) (a tribal area) seeks transfer from afore station to a soft station. 2. Before the matter could be heard and decided on merit, Mr. Rajan Kahol, learned Additional Advocate General, while waiving notice on behalf of the respondents, states that the petitioner is a resident of Tribal area himself and in such a case, where incumbent is a resident of tribal area, normal tenure of posting in tribal area is five years, which the - 2 - petitioner has not completed, as he was appointed/posted at Killar (Pangi) only in July, 2021, therefore, the present petition is premature. 3. Faced with the aforesaid, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file afresh. 4. In view of above, present petition is dismissed as withdrawn, with liberty to file afresh, at an appropriate stage. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge September 11, 2025 (Vikrant)