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2025 DAILYLAW 6628 (HP)

CHINTA DEVI v. STATE OF HP AND ORS

CWP/2147/2025 · 2025-02-28

Sandeep Sharma

body2025

Judgment text

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2025:HHC:3887 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2147 of 2025 Date of Decision: 28.02.2025 _______________________________________________________ Chinta Devi …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. P.P. Chauhan, Advocate. For the Respondents: Mr. Ravi Chauhan, Mr. Balwinder Singh and Mr. Anish Banshtu, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral): Through instant petition very innocuous prayer has been made on behalf of the petitioner to issue direction to the respondents to consider representation dated 28.12.2024(Annexure P-1) for her transfer to any of the place mentioned in the representation, in a time bound manner. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. P.P.Chauhan, learned counsel for the petitioner, is that though petitioner herein, who is working as TGT(Medical) at Government High School, Teel u/s Government Senior Secondary School Mohini Block Banjar, District Kullu, Himachal Pradesh has completed her normal tenure of posting 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:3887 at present place of posting, but yet her prayer to transfer her to some other station is not being considered. 3. Having regard to the nature of the 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. Ravi Chauhan learned Deputy Advocate General, who fairly states that representation, if any, filed by the petitioner shall be decided expeditiously in accordance with law. 4. Having heard learned counsel representing the parties and perused the material adduced on record, this Court finds that petitioner herein has been working continuously at Government High School, Teel u/c Government Senior Secondary School Mohini Block Banjar, District Kullu, Himachal Pradesh w.e.f.05.09.2018. After having her completed tenure of six years, she has made representation to the respondents to transfer her to any of the station mentioned in the representation, but since no decision has been taken upon the same, she is compelled to approach this Court in the instant proceedings. 5. Though, it is prerogative of the employer to post an employee at particular station, but once there is a provision provided in the transfer policy that there shall be minimum tenure of three years at one station, employee can always apply for his/her transfer to 3 2025:HHC:3887 other station, which prayer shall be subsequently decided in accordance with transfer policy. 6. 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 28.12.2024(Annexure P-1) of the petitioner expeditiously, preferably within a period of four weeks, taking note of the provisions contained in the transfer policy. 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. 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 February 28, 2025 (shankar)