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2025 DAILYLAW 36414 (HP)

ASHWANI KUMAR v. THE STATE OF HP AND OTHERS

CWP/17377/2025 · 2025-11-07

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17377 of 2025 Date of Decision: 07.11.2025 __________________________________________________________ Ashwani Kumar …….Petitioner Versus State of H.P. and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. B.R. Dhiman, 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 serving as Principal at GSSS Bhaloun, District Una, H.P., has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide his pending representation (Annexure P-1), whereby he has prayed for his transfer from afore station to one of the station, as detailed in the representation, on the ground of couple case as well as his nearing retirement, in time bound manner. 2. It is averred in the petition, which is duly supported by way of affidavit that petitioner has already completed normal tenure of posting at present place of posting and he is about to retire within less than two years. Besides above, it has also been averred in the petition that wife of the petitioner is also working in the Education Department and is 1Whether the reporters of the local papers may be allowed to see the judgment? 2 presently posted in GSSS Lower Hareta, Hamirpur, H.P. and as such, petitioner be also transferred to one of the station, as detailed in the representation, on the ground of couple case as well as on account of his being nearing retirement. 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 mere completion of normal tenure of posting at one station does not make any employee entitled to seek transfer, however, representation, if any filed, shall be considered and decided in accordance with law. 4. Since petitioner has already completed normal tenure of posting at present place of posting and he is nearing retirement, coupled with the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, enables an employee to seek transfer on the ground of his/her nearing retirement, 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 the pending representation (Annexure P-1) of the petitioner expeditiously, preferably, within a period of four weeks. 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 3 orders thereupon taking note of the fact that petitioner is going to retire with less than two years and his wife is also working in Education Department and is presently posted in GSSS Lower Hareta, Hamirpur, H.P. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge November 07, 2025 (Rajeev Raturi)