Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 38015 (HP)

SHIVANI DEVI v. THE STATE OF HP AND ANOTHER

CWP/16797/2025 · 2025-12-04

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16797 of 2025 Date of Decision: 04.12.2025 _______________________________________________________ Shivani Devi …….Petitioner Versus State of Himachal Pradesh and another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Rahul Mahajan, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals, Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Staff Nurse at IGMC, Shimla, has approached this Court in the instant proceedings seeking therein direction to the respondents to consider and decide her pending representation dated 22.07.2025 (Annexure P-1), whereby she has prayed for her transfer from afore station to one of the stations as detailed in the representation on the ground that she has already completed normal tenure of posting at present place of posting as well as adverse family circumstances. 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. Learned Additional 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Advocate General states that mere completion of tenure of an employee at particular station does not entitle her to seek transfer to other station, rather prerogative in that regard is of the employer to post an employee at particular station as per requirement. 3. True it is that it is the sole prerogative of the employer to post an employee at a particular station, but once transfer policy formulated by the Government of Himachal Pradesh provides for minimum tenure of three years at one station, coupled with the fact that an 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 the representation dated 22.07.2025 (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 order. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge December 04, 2025 (shankar)