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2025 DAILYLAW 33384 (HP)

ASHOK KUMAR v. THE STATE OF HP AND ANOTHER

CWP/19485/2025 · 2025-12-09

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19485 of 2025 Date of Decision: 09.12.2025 _____________________________________________________________________ Ashok Kumar ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Aman Hansretta, Advocate. For the respondents: Mr. Rajan Kahol, 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 Senior Assistant at GSSS Patlandar, District Hamirpur, Himachal Pradesh, has approached this Court in the instant proceedings, laying therein challenge to order dated 10.11.2025 passed by Director of Higher Education, Himachal Pradesh, thereby rejecting the representation filed by the petitioner, in terms of order passed by this Court in CWP No.14170 of 2025, whereby he has been transferred to Government Degree College, Una, District Una, Himachal Pradesh. 2. In nutshell, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Aman Hansretta, learned counsel representing the petitioner, is that competent authority, while deciding the representation in terms of order passed by this Court, has failed to take note of medical grounds raised in the representation and has also not afforded an opportunity of being heard to the petitioner. 3. To the contrary, Mr. Rajan Kahol, learned Additional Advocate General, while putting in appearance on behalf of the respondents, submitted that petitioner has remained posted within a radius of 8 Kms for more than four years, but yet respondents taking lenient view, adjusted him at Government Degree College, Una, District Una, Himachal Pradesh, where all medical facilities are available. 4. Though having taken note of the fact that petitioner has been working within a radius of 8 Kms for more than four years, coupled with the fact that his prayer for transfer from Reckong Peo, District Kinnaur, Himachal Pradesh to some soft area i.e. Government Degree College, District Una, Himachal Pradesh, has been accepted, this Court sees no necessity to interfere with the impugned transfer order dated 10.11.2025, however, having taken note of the fact that authority concerned, while passing impugned order dated 10.11.2025, has failed to take note of medical grounds raised by the petitioner in his representation, this Court deems it fit to dispose of the present 2 petition reserving liberty to the petitioner to file representation within two days for his adjustment at a convenient station on medical grounds as well as couple case, which shall be decided by the competent authority expeditiously, preferably within one week thereafter. 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. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge December 09, 2025 (sunil) 3