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2025 DAILYLAW 32279 (HP)

MADAN LAL v. THE STATE OF HP AND OTHERS

CWP/16369/2025 · 2025-10-16

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16369 of 2025 Date of Decision: 16.10.2025 _______________________________________________________ Madan Lal …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Sohail Khan, proxy counsel vice Mr. Vishwa Bhushan, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Junior Basic Teacher at Government Centre Primary School, Nagjubbar, Education Block Matiana, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his pending representation dated 08.09.2025 (Annexure P-2), whereby prayer has been made on behalf of the petitioner for his transfer from afore District Shimla to District Kangra, Himachal Pradesh under 5% inter-District quota. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. It is averred in the petition that petitioner has already completed five years service in District Shimla and as such, in terms of Notification dated 20.11.2021, he may be considered for transfer from District Shimla to District Kangra, Himachal Pradesh. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. Learned Additional Advocate General fairly states that representation, if not already decided, shall be decided expeditiously. 4. Having carefully perused averments contained in the petition, which is duly supported by an affidavit, this Court finds that though petitioner herein has already completed five years service in District Shimla and as such, in terms of Notification dated 20.11.2021, he is entitled to seek transfer from one District to another District under 5% inter-District quota. 5. Consequently, in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation dated 08.09.2025 (Annexure P-2), of the petitioner expeditiously, preferably within a period of three weeks. 3 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 appropriate order taking note of Clause 2© of notification dated 20.11.2021. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge October 16,2025 (shankar)