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2025 DAILYLAW 35205 (HP)

RAJIV KUMAR v. THE STATE OF HP AND ANOTHER

CWP/16787/2025 · 2025-10-29

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16787 of 2025 Date of Decision: 29.10.2025 _____________________________________________________________________ Rajiv 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. Parav Sharma, Advocate. For the respondents: Mr. Rajan Kahol & Mr. 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 Superintendent Grade-I, Government College, Beetan, District Una, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-3), whereby he has prayed for his transfer from afore station to one of the stations, as detailed in the representation, on account of adverse family circumstances as well as on medical grounds. 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, states that since petitioner has not completed normal tenure, he is not entitled to seek transfer as has been prayed for in the instant petition. 3. Though this Court finds that petitioner has not completed normal tenure at present place of posting, but since Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer/adjustment from one station to another on account of adverse family circumstances as well as on medical grounds, there appears to be no impediment in issuing direction to the respondents to consider and decide the pending representation of the petitioner (Annexure P-3) 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 fact that petitioner is unwell and there is none to take care of his 80 years old mother, who at present is residing at the native place of the petitioner. Pending application(s), if any, stand disposed of. October 29, 2025 (Sandeep Sharma), (sunil) Judge 2