Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15083 of 2025 Date of Decision: 18. 09.2025 _______________________________________________________ Hans Raj Guleria
…….Petitioner
Versus
State of Himachal Pradesh and others … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Bonit Thakur, Advocate.
For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General.
____________________________________________________ Sandeep Sharma, Judge(oral):
Petitioner herein, who at present is working as Headmaster at Government High School, Sunna, District Solan, Himachal Pradesh u/c Govt. Model Senior Secondary School, Ramshehar, District Solan, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to transfer him from the present place of posting to Government High School, Kumarhatti or Government High School, Dhana Main, District Solan, Himachal Pradesh, which is going to be fallen vacant on 31.10.2025 or any other station, which is nearer to
1Whether the reporters of the local papers may be allowed to see the judgment?
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his native place on the ground that he is due to retire within a period of two years.
2.
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. Vishal Panwar, learned Additional Advocate General. Learned Additional Advocate General states that mere completion of normal tenure of posting at one station may not be a ground to seek transfer, rather it is the sole prerogative of the employer to post an employee at a particular station.
3.
True it is that it is the prerogative of the employer to post an employee at a particular station, but once transfer policy enables an employee nearing retirement to seek transfer/ adjustment at a convenient station, coupled with the fact that petitioner is also not medially fit, this Court without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of one week, praying therein for his transfer/adjustment at a convenient station, as detailed in the petition, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of two weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall
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afford an opportunity of hearing to the petitioner and pass appropriate
order and would also take note of provision contained in the transfer policy with regard to adjustment of an employee nearing retirement, especially when petitioner is due to retire with a period of two years. Pending applications, if any, also stand disposed of.
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(Sandeep Sharma),
Judge September 18,2025 (shankar)