Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17173 of 2025
Date of Decision: 6.11.2025 _____________________________________________________________________ Manisha Singh ……...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. M.A.Safee, Mr.Pranav Kaushal and Mr. Sameer Miyan, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Additional Advocate General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as Junior Basic Teacher in Government Primary School Tatri, Education Block Mehla-I, District Chamba, 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-3) in a time bound manner, whereby she has prayed for her transfer from afore station to one of the stations of choice on the ground of adverse family circumstances. It is averred in the petition that petitioner is having one minor child and her husband is posted as Drawing Master in District Kangra, as a result thereof, there is none to take care of her minor child. - 2 -
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 that no doubt, petitioner has completed normal tenure at present place of posting, but it is the sole prerogative of an employer to transfer/post an employee to a particular station. 3. True, it is that it is the sole prerogative of the employer to post an employee anywhere in the State, but fact remains that transfer policy formulated by State of Himachal Pradesh, enables an employee to seek transfer on the ground of couple case as well as adverse family circumstances, as such, this Court sees no impediment in as much as issuing direction to the respondents to consider and decide representation of the petitioner, expeditiously, preferably, within three weeks. 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 a speaking order taking note of transfer policy as well as taking note of the fact that husband of the petitioner is also working in the Education Department, who at present is posted in District Kangra. Pending applications, if any, also stand disposed of. November 6, 2025
(Sandeep Sharma), (manjit)
Judge