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2025 DAILYLAW 35528 (HP)

BANITA SHARMA v. THE STATE OF HP AND ANOTHER

CWP/17361/2025 · 2025-11-07

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17361 of 2025 Date of Decision: 07.11.2025 ____________________________________________________________ Banita Sharma …….Petitioner Versus State of H.P. and Another ….Respondents ____________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashok Kumar, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as District Ayush Officer in Lahaul & Spiti at Keylong, District Lahaul & Spiti, Himachal Pradesh, has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide her pending representation (Annexure P-2), whereby she has prayed for her transfer from afore station to one of the station, as detailed in the representation, on medical grounds, in time bound manner. 2. It is averred in the petition, which is duly supported by way of affidavit that petitioner has served at the present place of posting for more than two years, but on account of her medical condition, it may not be possible to continue at the present place of posting and as such, she be ordered to be transferred from the present place of posting to one of the station, as detailed in the representation. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan states that petitioner has not completed normal tenure of posting at the present place of posting and as such, she is not entitled to seek transfer. 4. True it is that petitioner has not completed normal tenure of posting at the present place of posting, but once Transfer Policy, formulated by the Government of Himachal Pradesh, enables an employee to seek transfer on medical grounds, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, with the direction to respondents to consider and decide her pending representation (Annexure P-2) expeditiously, preferably, within a period of four weeks. Ordered accordingly. 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 thereupon taking note of documents adduced on record by the petitioner, suggestive of the fact that she is suffering from high altitude sickness. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge November 07, 2025 (Rajeev Raturi)