IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2813 of 2025 Date of Decision:03.04.2025 _______________________________________________________ Boby Jaswal …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Shipra Thakur and Ms. Heena Bhardwaj, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Pharmacist at Civil Hospital, Kandaghat, District Solan, Himachal Pradesh, has filed instant petition, seeking therein direction to the respondents to transfer her from the present placing of posting to other stations, as detailed in the writ petition, on the ground of her having completed normal tenure of posting at present place of posting. It is averred in the petition, which is duly supported by an affidavit, that petitioner has been serving as Pharmacist in the hospital, as detailed hereinabove, since 2019 and as such, she is required to be transferred to some other station on account of adverse family circumstances. Since husband of the petitioner is serving in merchant 1Whether the reporters of the local papers may be allowed to see the judgment? 2 navy and presently posted at Chennai, petitioner is finding it difficult to manage her family affairs and as such, wants to be transferred to the station near to her native place. 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. Rajan Kahol, learned Additional Advocate General, who while accepting notice on behalf of the respondents, fairly states that pending representation, if any, filed by the petitioner shall be decided expeditiously in terms of transfer policy. 3. During the proceedings of the case, learned counsel representing the petitioner invited attention of this Court to the copy of order dated 29.03.2025, whereby person, namely Rajesh Kumar Sharma has been transferred from CHC Rakkar, District Kangra, Himachal Pradesh to RH Reckong Peo, District Kinnaur, Himachal Pradesh, to state that petitioner herein can be posted at afore station against vacancy. Since petitioner hales from District Hamirpur and her family resides in that District only, it may convenient for her to manage her family affairs in absence of her husband in case she is transferred to station, as detailed hereinabove. Though, it is prerogative of the employer to post an employee at particular station, but certainly having taken adverse family circumstances , employer can consider posting of an employee at a station convenient to her/him. 3 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 a direction to the respondents to consider and decide the pending representation dated 12.01.2025 (Annexure P-4) of the petitioner expeditiously, preferably within a period of three weeks. 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 detailed speaking order thereupon taking note of the transfer policy, which admittedly provides for transfer of an employee on account of family circumstances. This Court hopes and trusts that respondents while considering the prayer made on behalf of the petitioner shall also take note of the vacancy available at CHC Rakkar, District Kangra, Himachal Pradesh. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if she still remains aggrieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge April 03, 2025 (shankar)