IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No:2454 of 2025 Decided On : 20th February, 2025 __________________________________________________________ Ms. Jyoti Gupta ...Petitioner Versus State of H.P. & anr. ...Respondents Coram HON’BLE MR. JUSTICE RANJAN SHARMA, VACATION JUDGE 1 Whether approved for reporting? No For the petitioner : Mr. Ajay Vaidya, Advocate. For the respondents : Mr. Pranay Pratap Singh, Additional Advocate General. Ranjan Sharma, Judge [Oral] Petitioner, Jyoti Gupta, Assistant Commissioner [State Taxes and Excise, CST] has come up before this Court seeking following relief(s):- “(i). That a writ in the nature of Certiorari for quashing and setting aside the impugned transfer order dated 13.09.2024 (Ann P-5) (sic Ann P-2) may very kindly be issued against the respondents. (ii). That a writ in the nature of Mandamus may kindly be issued against the respondents directing them to allow the petitioner to complete her normal tenure of three years at the present place of posting in terms of Ann P-1. (iii). That the respondents may further be 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes - 2 - directed to produce the entire record of the case for the kind perusal of this Hon’ble Court. (iv). Alternatively the respondents may kindly be directed to consider her representation and till the time representation is decided, Ann P-2 (sic Ann P-2) may kindly be kept in abeyance.” 2. In the background of the prayers, referred to above, Learned Counsel for the petitioner at the very outset on instructions states that the petitioner shall be satisfied, in case, the respondents are directed to examine the representation of the petitioner dated 09.07.2024 [Annexure P-5], which is stated to be pending, wherein due to her medical exigencies she has prayed for cancellation of her transfer or her adjustment. 3. Per contra, Learned State Counsel states that, in case, representation dated 09.07.2024 [Annexure P-5], is still pending, the same shall be examined in accordance with law, expeditiously. 4. Taking into account the entirety of the facts and circumstances and leaving all questions upon, this Court, disposes of the instant petition, in the following terms:- - 3 - (i). Respondent No.1-Principal Secretary, State Taxes and Excise], Himachal Pradesh, is directed to examine the representation dated 09.07.2024 [Annexure P-5], (if not already decided] and the additional representation, if submitted within two days and to pass an appropriate orders thereon, after affording a personal hearing to the petitioner, in accordance with law, on or before 05.03.2025. (ii). Needless to say, that this Court, has not adverted to the merits, claim and contentions, raised in representation or instant petition, which are left to be examined by Respondent No.1, aforesaid, independently, in accordance with law; (iii). No order as to costs. In view of the above, the instant petition is disposed of so as to pending miscellaneous application(s), if any. (Ranjan Sharma) February 20, 2025 Vacation Judge (Shivender)