2025:HHC:3876 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2725 of 2025 Date of Decision: 28.02.2025 _______________________________________________________ Sunil Dutt …….Petitioner Versus The State of Himachal Pradesh & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Anuja Mehta, 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 and decide his pending representation dated 20.01.2025 (Annexure P-2), whereby he is seeking transfer from the present place of posting i.e. Government Senior Secondary School Deohari, District Kullu, Himachal Pradesh to the station mentioned in the representation. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Ms. Anuja Mehta, learned counsel for the petitioner, is that though petitioner herein, who has already completed his normal tenure of posting at present place 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:3876 of posting, but yet his prayer for transfer to some other station on medical ground 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 terms of transfer policy. 4. Though, it is prerogative of the employer to post an employee at particular station, but once there is a provision of transfer on medical grounds, coupled with the fact that the petitioner has already filed representation to the competent authority, this Court sees no impediment in accepting the prayer made on behalf of the petitioner. 5. Consequently, in view of the above, the present petition is disposed of with a direction to the respondents to consider and decide the pending representation dated 20.01.2025(Annexure P-2), of the petitioner expeditiously, preferably within a period of four weeks, taking note of transfer policy promulgated in the State of Himachal Pradesh, wherein specific provision has been made to effect transfer on medical grounds. Needless to say, authority 3 2025:HHC:3876 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 he still remains aggrieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge February 28, 2025 (shankar)