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2025 DAILYLAW 25701 (HP)

KARAM SINGH v. THE STATE OF HP AND OTHERS

CWP/15019/2025 · 2025-09-17

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15019 of 2025 Date of Decision: 17.09.2025 _____________________________________________________________________ Karam Singh ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ankit Dhiman, 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 is posted as Forest Guard, Punjo Beat, Pangi Division, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-4), 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 in hard/tribal area. 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 present petition is pre-mature because petitioner has not completed normal tenure at present place of posting in terms of comprehensive guidelines issued by the Government of Himachal Pradesh for transfer of Government employee. 3. Since it is quite apparent from the pleadings as well as documents adduced on record that petitioner has already completed normal tenure at present place of posting, coupled with the fact that Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer from hard area to soft area on his/her having completed normal tenure i.e. two winters and three summers, this Court sees no impediment in issuing directions to the respondents to consider and decide the pending representation of the petitioner (Annexure P-2) 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 taking note of observations made herein above as well as Transfer Policy formulated by the Government of Himachal Pradesh. Condition of substitute shall not be put by the respondents, rather endeavour shall be made to transfer such an employee at the place of petitioner, who has not served in hard/tribal area in his service career. Pending applications, if any, stand disposed of. September 17, 2025 (Sandeep Sharma), (sunil) Judge 2