Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16603 of 2025 Date of Decision: 27.10.2025 _____________________________________________________________________ Rakesh Kumar ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vaibhav Tanwar, 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 Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Non- Medical) in GHS Jaswi, u/c GSSS Koti Bounch, Education Block Shillai, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-2), whereby he has prayed for his transfer from present place of posting to one of the stations, as detailed in the representation, on account of his having completed normal tenure of posting in sub cadre/difficult area.
2. 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, fairly states that mere factum of completion of tenure at present place of posting may not be ground to seek transfer, rather it is the sole prerogative of the employer to post an employee at a particular station.
3. Though this Court finds no reason to differ with the aforesaid submission of Mr. Ravi Chauhan, learned Deputy Advocate General, but since Transfer Policy itself provides for minimum tenure of three years at one station, coupled with the fact that petitioner has already completed normal tenure at present place of posting, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation of the petitioner (Annexure P-2) 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 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.
(Sandeep Sharma),
Judge October 27, 2025 (sunil) 2