IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15853 of 2025 Date of Decision: 08.10.2025 _____________________________________________________________________ Rekha Kumari ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Umesh Kanwar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Language Teacher at GHS Sakori, u/s GSSS Chail, District Solan, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-4), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation, on medical grounds. 2. It is apparent from the pleadings adduced on record by the petitioner, which are duly supported by an affidavit that petitioner has already completed two years and six months at present place of posting, but due to her medical condition, she is finding it difficult to continue at afore station. Petitioner, who claims to have been suffering from Tuberculosis, is under treatment at IGMC Shimla and in past remained admitted in afore hospital on four occasions. Since on account of ongoing medication, petitioner is repeatedly required to visit IGMC Shimla, coupled with the fact that her husband is also working in Shimla, prayer has been made on her behalf to post her Shimla or a nearby station. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that mere completion of normal tenure at present place of posting does not entitle an employee to seek transfer, rather prerogative, in that regard, is of the employer. 4. True it is that it is the sole prerogative of the employer to transfer an employee from one station to another, but since Transfer Policy formulated by Government of Himachal Pradesh enables an employee to seek transfer/adjustment on medical grounds, this Court sees no impediment in issuing direction to the respondents to consider and decide the pending representation of the petitioner (Annexure P-4) expeditiously, preferably within three weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the 2 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. Pending applications, if any, stand disposed of. October 08, 2025 (Sandeep Sharma), (sunil) Judge 3