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2025 DAILYLAW 37645 (HP)

PUSHPA SHARMA v. THE STATE OF HP AND OTHERS

CWP/18599/2025 · 2025-11-27

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18599 of 2025 Date of Decision: 27.11.2025 _____________________________________________________________________ Pushpa Sharma ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ganesh Barowalia & Gambhir Singh, Advocates. For the Petitioner: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as JBT at GPS Baraban, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-4), whereby she has prayed for his transfer from afore station to GPS Boys, Nahan, District Sirmaur, Himachal Pradesh, on medical grounds. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ganesh Barowalia, learned counsel representing the petitioner, is that since petitioner herein has not completed normal tenure at present place of posting on account of her medical condition, it is not advisable for her to continue at present place of posting. Medical evidence adduced on record reveals that petitioner is in constant need of oxygen through oxygen concentrator. Since on account of her posting at present place of posting, petitioner is required to travel by bus, which she is finding it difficult due to her health condition, as such, she has made a representation to the competent authority for her posting at a convenient station i.e. GPS Boys Nahan, District Simaur, Himachal Pradesh. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that though petitioner has not completed normal tenure at present place of posting, representation, if any, filed by the petitioner on medical grounds shall be considered in accordance with the Transfer Policy formulated by the Government of Himachal Pradesh. 4. Though it is quite apparent from the pleadings adduced on record by the petitioner that she has not completed normal tenure 2 at present place of posting, but once Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer from one station to another on medical grounds, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation of the petitioner (Annexure P-4) expeditiously, preferably within four weeks from today. 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 orders taking note of medical evidence adduced on record by the petitioner. Pending application(s), if any, stand disposed of. November 27, 2025 (Sandeep Sharma), (sunil) Judge 3