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2025 DAILYLAW 30315 (HP)

TEK CHAND v. THE STATE OF HP AND OTHERS

CWP/17929/2025 · 2025-11-19

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17929 of 2025 Date of Decision: 19.11.2025 _____________________________________________________________________ Tek Chand ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Dr. Rajesh Kumar Parmar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecturer (Physical Education) at Government Senior Secondary School Danni KGR, District Kangra, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his representations (Annexure P-4 Colly), whereby he has prayed for his transfer from afore station to one of the stations as detailed in the representations on account of the fact that he is left with less than two years to retire. 2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call - 2 - for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General, who states that though petitioner has not completed normal tenure of posting, but representation, if not already decided, shall be decided for his transfer at a convenient station on account of his nearing retirement, in accordance with law. 3. Since it is quite apparent from the pleadings adduced on record by the petitioner, which is duly supported by an affidavit, that petitioner is about to retire in two years coupled with the fact that Transfer Policy enables an employee nearing retirement to seek transfer/adjustment to one of the stations of choice, this Court without going into the merits of the case, deems it fit to dispose of the present petition with direction to the respondents to consider and decide pending representation of the petitioner (Annexure P-4 Colly.), expeditiously, preferably, within three weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order taking note of transfer policy formulated by the Government of Himachal Pradesh, as detailed herein above. Pending applications, if any, also stand disposed of. November 19, 2025 (Sandeep Sharma), (manjit) Judge