RAKESH KUMAR CHAUDHARY v. THE STATE OF HP AND ANOTHER
CWP/15975/2025 · 2025-10-10
Sandeep Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31256 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31256 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15975 of 2025 Date of Decision: 10.10.2025 _______________________________________________________ Dr. Rakesh Kumar Chaudhary …….Petitioner
Versus
State of Himachal Pradesh and another … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Surinder Prakash Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral):
Petitioner herein, who at present is working as Ayurvedic Medical Officer at Ayush Health & Wellness Centre Bantungi, Sub Division Jawali, District Kangra, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his pending representation dated 07.08.2025 (Annexure P-1), whereby he has prayed for his transfer from afore station to one of the stations of his choice, as detailed in the representation, on the ground of couple case. 2. Though, petitioner herein has already served in hard/tribal area, but since his wife is at present posted as MO(Dental)
1Whether the reporters of the local papers may be allowed to see the judgment? 2
at CH Bharmour, District Chamba, Himachal Pradesh, he has also prayed for his transfer to afore station, so that both can live together. Otherwise also, petitioner herein has already completed his normal tenure of posting at present place of posting. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Learned Deputy Advocate General fairly states that mere completion of normal tenure at one station cannot be a ground to seek transfer, rather in that regard it is the prerogative of the employer. 4. True it is that it is the sole prerogative of the employer to post an employee at a particular station, but once transfer policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer from one station to other on the ground of couple case, this Court sees no impediment in issuing direction to the respondents to consider and decide the pending representation (Annexure P-1) of the petitioner expeditiously, preferably within a period of 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 being heard to the petitioner and pass appropriate order, taking note of the fact that petitioner herein, who
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has already completed normal tenure of posting in hard/tribal area is ready and willing to get himself posted him in hard/tribal area, where his wife is already posted. Pending applications, if any, also stand
disposed of.
1. p
(Sandeep Sharma),
Judge October 10,2025 (shankar)