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2025 DAILYLAW 8034 (HP)

SANVALI DEVI v. THE STATE OF HP AND OTHERS

CWP/3003/2025 · 2025-03-04

Sandeep Sharma

body2025

Judgment text

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2025:HHC:4549 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3003 of 2025 Date of Decision: 04.03.2025 _____________________________________________________________________ Sanvali Devi ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ganesh Barowalia, Proxy counsel for Mr. Naresh Kaul, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, very innocuous prayer has been made by the petitioner to issue direction to the respondents to consider and decide her pending representations dated 13.12.2024 and 20.02.2025 (Annexure P-3 & P-4) in a time bound manner. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ganesh Barowali, learned Proxy counsel representing the petitioner, is that petitioner, who at present is working as TGT (Medical) in Government Senior Secondary School Batot, Education Block Gehra, District Chamba, Himachal Pradesh, though has completed her normal tenure of posting in hard area, but yet her prayer for a transfer to soft area has not been considered. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. While accepting notice on behalf of the respondents, Mr. Vishal Panwar, learned Additional Advocate General, fairly states that representations dated 13.12.2024 and 20.02.2025 (Annexure P-3 & P-4) filed by the petitioner, if not already decided, shall be decided in accordance with law. 4. Having perused averments contained in the petition, which are duly supported by an affidavit as well as documents annexed therewith, this Court finds that petitioner herein was appointed as TGT (Medical) in the year 2022 and since then, she has been working in Government Senior Secondary School Batot, Education Block Gehra, District Chamba, Himachal Pradesh. Now, since the petitioner has completed normal tenure of posting in hard area, prayer has been made by her for transfer to soft area, but same has not been considered on one pretext or the other and as such, she is compelled to approach this Court in the instant proceedings. Since transfer policy provides for transfer from hard area, after completion of 2 normal tenure, this Court finds no impediment in issuing direction to the respondents to consider and decide the representations dated 13.12.2024 and 20.02.2025 (Annexure P-3 & P-4) filed by the petitioner in a time bound manner. 3. 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 representations dated 13.12.2024 and 20.02.2025 (Annexure P-3 & P-4) filed by the petitioner expeditiously, preferably within a period of four weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass speaking order thereupon taking note of provision contained in the transfer policy. Pending applications, if any, stand disposed of. March 04, 2025 (Sandeep Sharma), (sunil) Judge 3