Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 35228 (HP)

SHIV PARTAP SINGH AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/20230/2025 · 2025-12-22

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 20230 of 2025 Date of Decision: 22.12.2025 _______________________________________________________ Shiv Pratap Singh & Anr. …….Petitioners Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Rajat Kumar, Advocate. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General. ____________________________________________________ Sushil Kukreja, Judge(Oral) Petitioners herein, who at present are working as (D.M.) at Government Senior Secondary School Himri, Tehsil Kothkai, Education Block Kotkhai, District Shimla, Himachal Pradesh and Government Senior Secondary School Gondpur, Baneha, Tehsil Ghanari, Education Block Gagret, District Una, Himachal Pradesh, have approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide their pending representations (Annexure P-2 & P-3), whereby they have prayed for their mutual transfer. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Admittedly, petitioners herein have not completed minimum required period of posting in one District, enabling them to seek transfer under 5 % inter-District quota, but once Clause 5 of the policy dated 20.11.2021 (Annexure P-5) clearly provides for transfer on mutual basis without there being condition of minimum tenure of five years, petitioners approached the respondents by way of representations, as detailed hereinabove, but since nothing was heard from their side, they approached this Court in the instant proceedings. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Vishwadeep Sharma, learned Additional Advocate General. Learned Additional Advocate General fairly states that in terms of Clause 5 of Notification dated 20.11.2021, prayer made on behalf of the petitioners for mutual transfer can be considered. 4. Consequently, in view of the above aforesaid fair stand adopted by learned Additional Advocate General, present petition is disposed of with a direction to the respondents to consider and decide the pending representations (Annexures P-2 & P-3) of the petitioners expeditiously, preferably within a period of four weeks. Ordered 3 accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioners and pass appropriate order, taking note of Clause 5 of notification dated 20.11.2021. Pending applications, if any, also stand disposed of. p (Sushil Kukreja) Judge December 22,2025 (rohit)