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High Court of Himachal Pradesh · body

2025 DAILYLAW 25527 (HP)

VIVEK KUMAR v. THE STATE OF HP AND OTHERS

CWP/14854/2025 · 2025-09-15

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14854/2025 Decided on: 15.09.2025 Vivek Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Ashwani Kaundal, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, J Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. Petitioner is presently serving as Trained Graduate Teacher (Non-Medical) at Government Senior Secondary School Gumma (Nerva) District Shimla. The case set up by the petitioner is that he has completed requisite tenure at the present place of posting, which is a high-altitude area; That the petitioner is suffering from several ailments and has been medically advised not to serve high-altitude areas. Petitioner’s grievance is that on completion of normal tenure at the aforesaid place, he preferred a representation 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 on 05.06.2025 (Annexure P-2) to respondent No.2 seeking transfer on medical ground from the present place of posting, which has not been considered and decided till date. Learned counsel for the petitioner submitted that the petitioner would be content, in case, respondent No.2/competent authority is directed to consider and decide the aforesaid representation of the petitioner, in accordance with law, within a time bound manner. Learned Additional Advocate General has no objection to this prayer. Having regard to the above submissions, but without examining the merits of the matter, the instant writ petition is disposed of by directing respondent No.2/competent authority to consider and decide the aforesaid representation of the petitioner, in accordance with law, within a period of three weeks from today. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 15th September, 2025(rohit)