Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.3097 of 2025 Date of Decision: 05.03.2025 _______________________________________________________ Sunil Kumar
…….Petitioner
Versus
State of Himachal Pradesh & another … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Ms. Aashima Premy, Proxy Counsel vice Mr. Nand Lal Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral):
Petitioner herein, who is working as TGT(Arts) at Government Middle School, Guran under Government Senior Secondary School, Murah, Tehsil Balichowki, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide representation dated 20.02.2025(Annexure P-1) for his transfer from aforesaid place of posting to Government Senior Secondary School, Bhaderwar, District Mandi, Himachal Pradesh against vacant post, in a time bound manner. 1Whether the reporters of the local papers may be allowed to see the judgment? 2
2. Though, having taken note of the fact that it is sole prerogative of the employer to transfer an employee, coupled with the fact that petitioner remained posted in Mandi District, there appears to be no justification to entertain the present petition. However having taken note of the fact that petitioner has been working in hard area for more than three years, coupled with the fact that one post is stated to be lying vacant at Government Senior Secondary School, Bhaderwar, District Mandi, Himachal Pradesh, 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 20.02.2025(Annexure P-1) of the petitioner expeditiously, preferably within a period of six weeks. 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 detailed order thereupon taking note of transfer policy, wherein admittedly provision has been made to transfer an employee from hard area to soft area after his/her having completed normal tenure of posting.
Since five stations of choice have been not mentioned in the representation, this Court hopes and trusts that within a period of one week petitioner shall file fresh representation, detailing therein five stations of his choice as per the transfer policy. Liberty is reserved to the petitioner to file appropriate
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proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. p
(Sandeep Sharma),
Judge March 05, 2025 (shankar)