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2025 DAILYLAW 29973 (HP)

VIKRAM SINGH v. THE STATE OF HP AND OTHERS

CWP/21123/2025 · 2025-12-31

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.21123 of 2025 Date of Decision: 31.12.2025 _____________________________________________________________________ Vikram 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. Ashwani Kumar Negi, Advocate. For the respondents: 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 Junior Coach (Football) in the office of District Youth Services & Sports Officer, Kinnaur at Recong-peo, Himachal Pradesh, is aggrieved by order dated 19.12.2025 (Annexure P-2), whereby he has been transferred from afore station to the office of District Youth Services & Sports Officer, Una, Himachal Pradesh, against vacant post. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashwani Kumar Negi, learned counsel representing the petitioner, is that since petitioner has already completed normal tenure in hard/tribal area, he ought to have been transferred to one of the stations of his choice. 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 petitioner has already completed normal tenure at present place of posting, but since he belongs to District Kinnaur, he cannot seek transfer to one of the stations of his choice after his having completed three years, rather to have posting at one of the stations of his choice, he is required to complete five years in tribal area. He further states that otherwise also, transfer of the petitioner has been effected on the basis of recommendation made by District Youth Services & Sports, Kinnaur at Reckong Peo, Himachal Pradesh, who himself stated that on account of winter season, sports activities would be hampered in Kinnaur, as such, petitioner may be posted at District Mandi. 4. Having taken note of fact that petitioner hails from District Kinnaur, this Court is persuaded to agree with learned Deputy Advocate General that petitioner, after his having completed three years at tribal area, is not entitled to seek transfer to one of the stations of his choice. Similarly, this Court, having carefully perused 2 communication dated 04.09.2025 (Annexure P-1) placed on record by the petitioner himself, states that petitioner has been transferred on the basis of recommendation made by the District Youth Services & Sports, Kinnaur at Reckong Peo, Himachal Pradesh, who having taken note of upcoming winter season, requested the transfer of the petitioner to Mandi so that services of the petitioner may be put to best use. 5. Though for the reasons stated hereinabove, this Court sees no reason to interfere with the impugned transfer order, however, having taken note of fact that petitioner is ready and willing to work at Mandi, coupled with the fact that District Youth Services & Sports, Kinnaur at Reckong Peo, Himachal Pradesh, had recommended his transfer to Mandi, this Court, without going in the merits of the case, deems it fit to dispose of the same reserving liberty to the petitioner to file representation to the competent authority within two days for his adjustment at Mandi or at one of the stations of his choice, as detailed in the representation, which shall be decided by the competent authority within ten days thereafter. 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 observations made hereinabove. Till the time, representation filed by the petitioner within stipulated 3 time is not decided by the competent authority, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge December 31, 2025 (sunil) 4