Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16485 of 2025
Date of Decision: 17.10.2025 _____________________________________________________________________ Hardik Sharma ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Anuja Mehta, Advocate. For the respondents: Mr. Rajan Kahol, Additional Advocate General with Mr. Anish Banshtu, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as Medical Officer at PHC Tindi Block Gondhla, District Lahaul Y Spiti, 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) in a time bound manner, whereby he has prayed for his transfer from afore station to one of the stations of choice as detailed in the representation on the ground that he has already completed normal tenure at present place of posting as well as couple case. 2. It is averred in the petition that prior to petitioner’s posting at PHC Tindi, he remained posted at PHC Lot, Block Gondhla, which is also a tribal area. Besides above, wife of the petitioner is also doing her Post Graduation from Indira Gandhi Medical College, Shimla. - 2 -
3. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, fairly states that representation, if not already decided, shall be considered expeditiously. 4. Since it is quite apparent from the pleadings adduced on record in the petition, which is duly supported by an affidavit, that petitioner has already completed normal tenure at present place of posting, which is a hard area, coupled with the fact that transfer policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer from hard/tribal area to soft area or one of the stations of his/her choice after completion of normal tenure of posting i.e. three summers and two winters as well as on the ground of couple case, this court sees no impediment in issuing direction to the respondents to consider and decide pending representations of the petitioner, expeditiously, preferably, within four weeks. Ordered accordingly.
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. Pending applications, if any, also stand disposed of. October 17, 2025
(Sandeep Sharma), (manjit)
Judge