Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20109 of 2025 Date of Decision: 19.12.2025 __________________________________________________________ Mindle Chhering …….Petitioner Versus State of H.P. and Another
….Respondents __________________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Dr. Lalit Kumar Sharma, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as DPE at GSSS Barang, Tehsil Kalpa, District Kinnaur, H.P., has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide his pending representation (Annexure P-3), whereby he has prayed for his transfer from afore station to one of the station of his choice, as detailed in the representation, on account of his having completed normal tenure of posting at the present place of posting, which is claimed to be tribal area, in time bound manner. 2. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- Mr. Vishal Panwar fairly states that pending representation, if not already decided, shall be decided expeditiously, in accordance with law. 3. Since it is quite apparent from the averments contained in the petition, which is duly supported by affidavit, that petitioner has already worked for more than six years at the present place of posting, which is admittedly a tribal area, coupled with the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, enables an employee working in hard/tribal area to seek transfer to soft area or one of the station of his/her choice after his/her having completed normal tenure of posting in hard/tribal area i.e. two winters and three summers, this Court sees no impediment inasmuch as issuing directions to respondents to consider and decide the pending representation of the petitioner, expeditiously. 4. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, with the direction to respondents to consider and decide the pending representation (Annexure P-3) 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 orders, taking note of the observations made hereinabove coupled with the fact that petitioner belongs to tribal area and he has already completed more than six years at the present place
-3- of posting and as such, is required to be given station of his choice, as has been prayed in the representation, subject to availability of vacancy. Pending application(s), if any, shall also stand disposed of. (Sandeep Sharma), Judge December 19, 2025 (Rajeev Raturi)