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2025 DAILYLAW 33934 (HP)

JYOTI GUPTA v. THE STATE OF HP AND ANOTHER

CWP/18165/2025 · 2025-11-22

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18165 of 2025 Date of Decision: 22.11.2025 _____________________________________________________________________ Kumari Jyoti Gupta ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Raj Thakur, Advocate. For the respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Non- Medical) at Government Middle School Surajpur u/c Government Senior Secondary School Puruwala, District Sirmour, 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-2) in a time bound manner, whereby she has prayed for her transfer from afore station to one of the stations of choice as detailed in the representation on the ground of completion of normal tenure of posting as well as couple case. 2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, fairly states that no doubt, petitioner has completed normal tenure at - 2 - present place of posting, but it is the sole prerogative of an employer to transfer/post an employee to a particular station. 3. True, it is that it is the sole prerogative of the employer to post an employee anywhere in the State, but once transfer policy formulated by State of Himachal Pradesh, provides for minimum tenure of three years coupled with the fact that petitioner has already completed normal tenure at present place of posting, this Court sees no impediment in as much as issuing direction to the respondents to consider and decide representation of the petitioner, expeditiously, preferably, within four weeks. 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 a speaking order taking note of the fact that husband of the petitioner is also working as TGT (Non-Medical) at Government Senior Secondary School Kinnu, Tehsil Amb District Una, Himachal Pradesh. Pending applications, if any, also stand disposed of. November 22, 2025 (Sandeep Sharma), (manjit) Judge