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2025 DAILYLAW 37515 (HP)

ROHIT KUMAR v. STATE OF HP AND OTHERS

CWP/2123/2024 · 2025-12-19

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2123 of 2024 Date of Decision: 19.12.2025 _____________________________________________________________________ Rohit 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. Sanjeev Kumar Motta, 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 (Non- Medical) at GSSS Kotighat, Tehsil Kumarsain, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to transfer him from afore station to one of the stations of choice on the ground that he 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states - 2 - 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 as much as reserving liberty to the petitioner to file representation within one week, which in turn shall be considered and decided by the competent authority, 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 observations made herein above. 4. In the aforesaid terms present petition is disposed of alongwith pending applications, if any. December 19, 2025 (Sandeep Sharma), (manjit) Judge