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2025 DAILYLAW 26231 (HP)

UTTMA PANDEY v. STATE OF HP AND ORS

CWP/15321/2025 · 2025-09-23

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15321 of 2025 Date of Decision: 23.09.2025 ____________________________________________________________ Uttma Pandey …….Petitioner Versus State of H.P. and Others ….Respondents ____________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Saurav Rattan and Ms. Chetna Thakur, Advocates. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who is working as Associate Professor (English) at Government College, Nahan, Sirmaur, H.P., is aggrieved of order dated 17.09.2025 (Annexure P-1), whereby she has been transferred from afore College to Government College Salooni, Chamba, H.P. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Saurav Rattan, learned counsel representing the petitioner is that though petitioner has completed normal tenure of posting at present place of posting, but on account of her health condition, it may not be advisable for her to join at Government College Salooni, Chamba. While referring to some documents adduced on record, Mr. Saurav Rattan, learned counsel representing the petitioner, attempted to argue that since petitioner herein is suffering from serious lung disease, it 1Whether the reporters of the local papers may be allowed to see the judgment? 2 may not be possible for her to join at Salooni, Chamba, which besides being at a considerable distance, is also at high altitude. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan states that petitioner has been working at Government College Nahan since year 2022 and before that, she was posted at Sarahan, which was at a distance of 40 kilometers from Nahan. He states that majority service has been rendered by the petitioner at Nahan or nearby stations. 4. Though having taken note of the fact that petitioner has already completed normal tenure of posting at present place of posting, this Court sees no reason to interfere with the impugned transfer order and as such, same is upheld, however, having taken note of the fact that petitioner is 55 years old lady and she is suffering from serious lung disease, as is evident from the documents adduced on record, coupled with the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, enables an employee to seek transfer/adjustment at convenient station on medical grounds, 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 her adjustment at convenient station on medical grounds, which in-turn shall be decided by the afore authority expeditiously, preferably, within a period of two weeks. Ordered 3 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 thereupon taking note of Transfer Policy, which certainly enables an employee to seek transfer or adjustment at a convenient station, on medical grounds. Till the time, representation, if filed within a period of two days, is not decided by the competent authority in terms of instant order, petitioner shall not be compelled to join at the transferred station. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge September 23, 2025 (Rajeev Raturi)