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2025 DAILYLAW 26420 (HP)

VIRENDER SINGH v. THE STATE OF HP AND OTHERS

CWP/15519/2025 · 2025-09-25

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15519 of 2025 Date of Decision: 25.09.2025 _____________________________________________________________________ Virender 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. Pawanish K. Shukla, 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, for the respondents-State. Mr. Ashwani Kumar Sharma, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Caveat No.536 of 2025 Allowed and disposed of. CWP No.15519 of 2025 Petitioner herein, who at present is working as TGT (NM), is aggrieved by order dated 04.09.2025 (Annexure P-3), whereby he has been transferred from GMS Churari u/c GSSS Hawan, District Bilaspur to GSSS Kotgarh, District Shimla, Himachal Pradesh. 2. Though it has been fairly admitted on behalf of the petitioner that he has already completed normal tenure at present place of posting, but challenge has been laid to impugned transfer order on the ground that respondents, having taken note of the fact that wife of the petitioner is also employed in Education Department as LT, ought not have transferred the petitioner to far flung area, but should have been adjusted at a place near to the posting of his wife. 3. 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 though it is the sole prerogative of the employer to post an employee at a particular station, but representation, if not already decided, shall be decided in accordance with law. 4. 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, 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 wife of the petitioner is also working in the same department and at present, she is working as Language Teacher at GSSS Sikroha, District Bilaspur, Himachal Pradesh, coupled with the fact that recently certain posts of TGT’s are lying vacant, as detailed in para 10 of the petition, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider 2 and decide the pending representation of the petitioner expeditiously, preferably within a period of two 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 Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stand disposed of. September 25, 2025 (Sandeep Sharma), (sunil) Judge 3