Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19167 of 2025
Date of Decision: 4.12.2025 _____________________________________________________________________ Virender Kumar ……...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. Lalit Kumar Sehgal and Ms. Meenakshi Thakur, Advocates.
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. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as TGT (Non- Medical) at Government Middle School Jamhojalun, u/c Government Senior Secondary School Pressi, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-4) in a time bound manner, whereby he has prayed for his transfer from afore station to one of the stations of choice as detailed in the representation on the ground of 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
- 2 - for reply from the respondents, who are otherwise represented by Mr. 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.
True, it is that it is sole prerogative of the employer to post an employee anywhere in the State, 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 issuing direction to the respondents to consider and decide representation of the petitioner, expeditiously, preferably, within three 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 adverse family circumstances. Pending applications, if any, also stand disposed of. December 4, 2025
(Sandeep Sharma), (manjit)
Judge