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2025 DAILYLAW 36154 (HP)

BANTI v. THE STATE OF HP AND ANOTHER

CWP/19669/2025 · 2025-12-22

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No. 19669 of 2025 Date of Decision: 22.12.2025 _____________________________________________________________________ Banti ……...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. Aman Thakur, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the State. Dr. Lalit K. Sharma, Advocate, for respondent No.2. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who is working as Assistant Engineer in the Himachal Pradesh Public Works Department, Sub Division Janjheli, is aggrieved of order dated 4.12.2025, whereby he has been transferred from afore station to AE (D) o/o Chief Engineer Mandi Zone. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that he has been not permitted to complete his - 2 - normal tenure at present place of posting, rather has been transferred within a short span of one year and two months. 3. Pursuant to notices issued in the instant proceedings, respondents have placed on record instructions dated 19.12.2025, issued under the signature of Additional Secretary (PW), to the Government of Himachal Pradesh. Besides above, Dr. Lalit Sharma, Advocate, has put in appearance on behalf of respondent No.2. Mr. Rajan Kahol, learned Additional Advocate General while referring to the instructions, as detailed herein above, states that petitioner has remained posted throughout in Mandi District, save and except for a short stay at Palampur. Though he had joined HPPWD, 5th Circle Palampur on 14.3.2024, but again, he was transferred to Janjehli. 4. Having carefully perused instructions placed on record, this Court finds that petitioner has mostly remained posted in District Mandi and prior to his transfer to Janjehli, he was transferred within short span of six months, but at the relevant time, no objection was ever raised by the petitioner because such order suited him. 5. Since petitioner remained posted throughout in District Mandi, save and except for short stint at Palampur, this court sees no reason to interfere with the impugned transfer order, however, having taken note of his adverse family circumstances, as came to be apprised to this Court during the proceedings of the case, this court without going into the merits of the case, deems it fit to dispose of the - 3 - present petition, reserving liberty to the petitioner to file representation to the respondents/competent authority within two days for his adjustment at convenient place, which in turn shall be decided by the competent authority, expeditiously, preferably, within one week. Ordered accordingly. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon taking note of the transfer policy, which enables an employee to seek transfer, on account of adverse family circumstances. Till the time, representation, if any, filed within two days is decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Interim order dated 11.12.2025 stands vacated. All pending applications stand disposed of. December 22, 2025 (Sandeep Sharma), manjit Judge