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2025 DAILYLAW 38240 (HP)

VIPAN CHAUHAN v. THE STATE OF HP AND OTHERS

CWP/19017/2025 · 2025-12-18

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19017of 2025 Date of Decision: 18.12.2025 _____________________________________________________________________ Vipan Chauhan ……...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. Anil Kumar God, 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 Assistant Engineer, HPPWD Sub Division Sach-II, District Chamba, Himachal Pradesh, is aggrieved of order dated 28.11.2025, whereby he has been transferred from afore station to HPPWD Division Nakrot against a vacancy. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that impugned transfer is in violation of transfer policy because petitioner has not been permitted to complete his normal tenure of posting, rather he has been transferred within short span of 84 days. - 2 - 3. Pursuant to notices issued in the instant proceedings, learned Additional Advocate General has placed on record instructions issued under the signature of Additional Secretary (PWD), to the Government of Himachal Pradesh, perusal whereof reveals that petitioner has mostly remained posted in and around the present place of posting. Having seen incumbency of the petitioner at various stations, this Court finds that from the day of his official appointment, petitioner has remained posted in Chamba District. 4. In view of the above, this Court sees no reason to interfere in the impugned transfer order and as such, same is upheld, however, having taken note of adverse family circumstances as came to be apprised to this Court during the proceedings of the case, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with liberty reserved to the petitioner to file representation to the competent authority within two days, praying therein for his adjustment at a convenient place, which in turn shall be decided within ten days. Ordered accordingly. 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 appropriate order taking note of transfer policy formulated by Government of Himachal Pradesh, which certainly enables an employee to seek transfer at a convenient place on account of adverse family circumstances. Till the time, representation, if any, filed within - 3 - two days, is decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, stand disposed of. December 18, 2025 (Sandeep Sharma), (manjit) Judge