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2025:HHC:5377 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3273 of 2025 Date of Decision: 10.03.2025 _____________________________________________________________________ Manisha Kaundal ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vinay Mehta, Advocate. For the respondents: Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Though, it is the sole prerogative of the employer to post an employee at a particular station, but once it is not in dispute that normal tenure of posting as provided in the Transfer Policy is three years, prayer made on behalf of the petitioner to issue direction to the respondents to transfer her from present place of posting to another station deserves to be considered. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vinay Mehta, learned counsel representing the petitioner, is that since petitioner has already completed more than three years at Government Senior Secondary School Parotha, District Chamba, Himachal Pradesh, which
is rural area, her prayer for transfer to some other station deserves to be considered in terms of transfer Policy. 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 representation (Annexure P-1) filed by the petitioner, if not already decided, shall be decided expeditiously. 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 Parotha, 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 normal tenure, this Court finds no impediment in issuing direction to the 2
respondents to consider and decide the representation (Annexure P-1) filed by the petitioner in a time bound manner. 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 a direction to the respondents to consider and decide the pending representation (Annexure P-1) filed by the petitioner expeditiously, preferably within a period of three weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, besides affording opportunity of being heard to the petitioner, shall also take of provision contained in Transfer Policy and pass appropriate orders. Pending applications, if any, stand disposed of. March 10, 2025 (Sandeep Sharma), (sunil)
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