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2025 DAILYLAW 26794 (HP)

KULJEET SINGH v. STATE OF HP AND ORS

CWP/15645/2025 · 2025-09-26

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15645 of 2025 Date of Decision: 26.09.2025 _______________________________________________________ Kuljeet Singh …….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. Umesh Kanwar, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No.1. Mr. Sohan Singh Rathor, Advocate, for respondent Nos. 2 and 3. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Grade-IV at Zonal Hospital, Hamirpur, Himachal Pradesh, is aggrieved of order dated 19.09.2025 (Annexure P-4), issued under the signatures of Managing Director of the respondent-Bank, whereby he has been transferred from Zonal Hospital, Hamirpur to Branch Office Jamanabad. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that since petitioner is 50% disabled, he could not 1Whether the reporters of the local papers may be allowed to see the judgment? 2 have been transferred to far flung area, rather ought to have been adjusted at a convenient station. 3. To the contrary, Mr. Sohan Singh Rathor, learned counsel representing the respondent-Bank, states that petitioner has been working at Hamirpur for considerable time and otherwise being employee of the bank, he can be posted in any of the branch in the State of Himachal Pradesh. He states that in terms of office memorandum dated 10th July, 2013, person having disability of more than 60% is required to be posted at a convenient station, but since petitioner is having disability of 50%, his prayer for transfer/adjustment at a convenient station, does not serves to be considered. 4. True it is that petitioner has been working in and around Hamirpur for considerable time and as such, this Court sees no reason to interfere in the impugned transfer order, but having taken note of the fact that petitioner is disabled to the extent of 50% coupled with the fact that Persons with Disabilities Act provides for concessions to the person with 40% disability, 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 Managing Director of the respondent-Bank within a period of one week, praying therein for his adjustment at a convenient station, 3 which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days, taking note of disability of the petitioner as well as latest circular issued in that regard by the Government of Himachal Pradesh. 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 order. Till the time, representation, if any, filed within a period of one week is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge September 26,2025 (shankar)