2025:HHC:4111 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.2829 of 2025 Date of Decision: 01.03.2025 _____________________________________________________________________ Bandna Kumari ……...Petitioner Versus State of Himachal Pradesh and Another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Raj Thakur, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, very innocuous prayer has been made on behalf of the petitioner to issue direction to respondents to consider and decide her representation dated 21.01.2025 (Annexure P-4), praying therein for her transfer from present place of posting to another station on medical grounds. 2. Having regard to the nature of prayer and order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General, who fairly states that representation, if not already decided, shall be decided expeditiously, in accordance with law. 2025:HHC:4111 2 3. Having heard learned counsel representing the parties and perused material available on record, which is duly supported by way of an affidavit, this Court finds that petitioner, who at present is working as Principal at Deputy Director of Education Inspection Cadre Hamirpur, District Hamirpur, Himachal Pradesh, is suffering from CA Ovary. Since on account of continuous chemotherapy, petitioner has become weak, she is unable to travel approximately 80 kilometers daily. In the aforesaid peculiar facts and circumstances, petitioner herein has approached Secretary Education, Government of Himachal Pradesh, praying therein to transfer her against the vacant post i.e. DDEE, Government Senior Secondary School, Matahni, District Hamirpur. 4. Though it is sole prerogative of an employer to post an employee, but once there is no denial to the fact that transfer policy promulgated by the State of Himachal Pradesh provides for transfer on medical grounds, coupled with the fact that petitioner herein has already approached competent authority by way of representation for transfer on medical grounds, this Court sees no impediment in accepting the innocuous prayer made on behalf of the petitioner. 5. 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 respondent No.1 to consider and decide 2025:HHC:4111 3 the pending representation of the petitioner dated 21.01.2025 (Annexure P-4), expeditiously, preferably, within a period of one week, taking note of provisions contained under the transfer policy, wherein admittedly there is a provision to transfer an employee on medical grounds. 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 appropriate order thereupon. Pending applications, if any, also stand disposed of. March 01, 2025 (Sandeep Sharma), Rajeev Raturi Judge