Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15855 of 2025 Date of Decision: 08.10.2025 _____________________________________________________________________ Harsha 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. P.P. Chauhan, (through video conferencing), Ms. Urvashi Rajta and Ms. Ayushi Sharma, Advocates. 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 is posted as Staff Nurse in DSA Radiolodgy, IGMC Shimla, 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-1), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation as well as para 9 of the petition, on the ground of couple case. 2. It has been averred in the petition that petitioner has already completed normal tenure at present place of posting, as such, she may be transferred from afore station to one of the stations, as detailed in para 9 of the petition, on the ground of couple case. Since husband of the petitioner is also a Government employee and working
in District Mandi, petitioner also wants herself to be transferred to District Mandi, in terms of Transfer Policy, which enables an employee to seek transfer from one station to another station on the ground of couple case. 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 though mere completion of tenure at one station cannot be ground to seek transfer, rather prerogative, in that regard, is of the employer, but representation, if any, filed by the petitioner for transfer on the ground of couple case shall be decided in accordance with law. 3.
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, coupled with the fact that Transfer Policy formulated by the Government of Himachal Pradesh, besides providing normal tenure of three years at one station, also provides for transfer/adjustment on the ground of couple case, this Court sees no impediment in issuing directions to the respondents to consider and decide the pending representation of the petitioner (Annexure P-1) expeditiously, preferably within three weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of 2
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)
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