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2025 DAILYLAW 33685 (HP)

ANU SHARMA v. THE STATE OF HP AND ANOTHER

CWP/19855/2025 · 2025-12-16

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19855 of 2025 Date of Decision: 16.12.2025 _____________________________________________________________________ Anu Sharma ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecturer (Sociology) at GSSS Batot, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-1), whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation, on account of her having completed normal tenure of posting in hard area. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar, 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. Since 2 one post of Lecturer is likely to fall vacant on 31.03.2026 at PM Shri Government Boys Utkrisht Senior Secondary School Chamba, Education Block Chamba, Himachal Pradesh, respondents may also consider the case of the petitioner qua afore post if it becomes vacant. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge December 16, 2025 (sunil) 3