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2025 DAILYLAW 31504 (HP)

SANJAY KUMAR v. THE STATE OF HP AND ANOTHER

CWP/16071/2025 · 2025-10-13

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16071 of 2025 Date of Decision: 13.10.2025 _____________________________________________________________________ Sanjay Kumar ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aafreen Kaushal, 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 Assistant Professor (Economics) at Government Degree College, Multhan (Chhota Bhangal), Sub Division Baijnath, District Kangra, Himachal Pradesh, which is a hard area, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-1), 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. 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 representation filed by the petitioner, if not already decided, shall be decided expeditiously. 3. Since it is quite apparent from the pleadings as well as documents adduced on record 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 area to soft area or one of the stations of his choice on his/her having completed normal tenure i.e. two winters and three summers, this Court sees no impediment in issuing directions to the respondents to consider and decide the pending representation of the petitioner (Annexure P-1) expeditiously, preferably within four 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 as well as observations made hereinabove. Pending applications, if any, stand disposed of. October 13, 2025 (Sandeep Sharma), (sunil) Judge 2