Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20009 of 2025
Date of Decision: 23.12.2025 _____________________________________________________________________ Rajesh Kumar Sharma ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sunny Dhatwalia, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Pursuant to order dated 18.12.2025, learned Additional Advocate General has placed on record communication dated 22.12.2025, issued under the signature of Director Health Services, perusal whereof reveals that petitioner, who is working as Superintendent Grade-II, has been transferred from Block Medical Officer, Barsar, District Hamirpur, Himachal Pradesh to Block Medical Officer, Pachhad at Sarahan, District Sirmaur, Himachal Pradesh. He remained posted in District Hamiprur w.e.f. 6.1.2004 till passing of the order impugned in the instant proceedings. 2. Though it came to be vehemently argued that at the behest of the petitioner that impugned transfer order (Annexure P-1) has been passed on the basis of DO note issued by the extra-
- 2 - constitutional authority, but there is nothing adduced on record to substantiate his aforesaid plea. Moreover once this court is satisfied that petitioner has already served in District Hamirpur for more than 20 years, there appears to be no justification to interfere with the impugned transfer order, especially when it is not in dispute that petitioner herein belongs to state cadre and as such, same is upheld. However having taken note of the adverse family circumstances as came to be apprised by the learned counsel for the petitioner during proceedings of the case, this Court deems it fit to dispose of the present petition with liberty reserved to the petitioner to file representation within one week, praying therein for his adjustment at convenient place on the ground of adverse family circumstances, which in turn shall be decided by the competent authority, expeditiously, preferably, within one week. Ordered accordingly. Needless to say, while doing the needful shall afford an opportunity of hearing to the petitioner and pass appropriate order taking note of the transfer policy formulated by Government of Himachal Pradesh, which enables an employee to seek transfer/adjustment on account of adverse family circumstances. Till the time, representation is decided, petitioner shall not be compelled to join at the transferred station.
December 23, 2025
(Sandeep Sharma), (manjit)
Judge