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2025 DAILYLAW 8900 (HP)

RUCHIKA KUMARI v. THE STATE OF HP AND ANOTHER

CWP/3453/2025 · 2025-03-13

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3453 of 2025 Date of Decision: 13.3.2025 _____________________________________________________________________ Ruchika 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: Ms. Anuja Mehta, Advocate vice Mr. Vishwa Bhushan, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Through this petition, very innocuous prayer has been made by the petitioner to issue direction to the respondents to consider and decide her pending representation dated 3.2.2025 (Annexure P-5), whereby she has sought transfer from present place of posting to some other station on account of adverse family circumstances. 2. Having perused averments contained in the petition, which is duly supported by an affidavit, as well as documents annexed therewith, this court finds that petitioner herein being TGT (Non- - 2 - Medical) is working at Government Senior Secondary School Hobar, Tehsil Bhattiyat , District Chamba, Himachal Pradesh since 23.11.2021. Since petitioner has completed her normal tenure of posting at the present place, she has made representation to the authority to transfer her to some other station on account of adverse family circumstances. Since there is none to look after the minor child of the petitioner, she has requested to transfer her to station near her native place so that her minor child is taken care by other family members. 3. Since minimum tenure of posting has been prescribed as three years at one station coupled with the fact that there is a provision to transfer an employee on the ground of the adverse family circumstances, this Court sees no impediment in issuing direction to the respondents to consider and decide the pending representation in a time bound manner. 4. 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-5) of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly. Needless to say, authority concerned, while affording opportunity of hearing to the petitioner shall also take note of the transfer policy formulated by the Government of Himachal Pradesh and pass an order thereupon. - 3 - Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if she still remains aggrieved. Pending applications, if any, also stand disposed of. March 13, 2025 (Sandeep Sharma), (manjit) Judge