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2025 DAILYLAW 36103 (HP)

KUMARI NEERJA v. THE STATE OF HP AND OTHERS

CWP/19777/2025 · 2025-12-15

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19777of 2025 Date of Decision: 15.12.2025 _____________________________________________________________________ Kumari Neerja ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. R.L.Chaudhary, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Medical) at GSSS Mahog, Tehsil Tehog District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representations (Annexures P-3 amd P-4) 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 representations on the ground that she has already completed normal tenure at present place of posting as well as adverse family circumstances. 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. - 2 - Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that mere completion of tenure at one station cannot be a ground to seek transfer, rather sole prerogative in that regard is of the employer. 3. Having carefully perused averments contained in the petition, which is duly supported by an affidavit this court finds that petitioner has already worked for more than six years at present place of posting, but once transfer policy formulated by State of Himachal Pradesh, itself prescribes for completion of minimum tenure of three years at one place and besides this, employee can also seek transfer on the ground of adverse family circumstances, this Court sees no impediment in as much as issuing direction to the respondents to consider and decide representations 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 transfer policy as well as observation made herein above. Pending applications, if any, also stand disposed of. December 15, 2025 (Sandeep Sharma), (manjit) Judge