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2025 DAILYLAW 8994 (HP)

PRADEEP SHARMA v. THE STATE OF HP AND OTHERS

CWP/3829/2025 · 2025-03-19

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3829 of 2025 Date of Decision: 19.03.2025 _______________________________________________________ Pradeep Sharma …….Petitioner Versus State of Himachal Pradesh and others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Rupesh Kumar, Proxy Counsel vice Mr. Gambhir Singh Chauhan, Advocate. For the Respondents: Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Forest Guard, Beat Mooling, Block Upper Pattan, Range Pattan, Division Lahaul circle Kullu, District Kullu, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to transfer him to soft area or one of the stations of his choice, as detailed in the representation filed by him on the ground that he has completed normal tenure of posting in hard area. 2. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are 1Whether the reporters of the local papers may be allowed to see the judgment? 2 otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Learned Deputy Advocate General states that representation, if any, pending shall be decided in accordance with law. 3. Having perused the averments contained in the petition, which is duly supported by an affidavit, this Court finds that petitioner herein was initially appointed as Forest Guard on 24.12.2021 and since then he has been working in the office of Divisional Forest Office, Lahaul i.e .hard area. Since petitioner has already completed more than four years in hard area, he has filed representation to the respondents, seeking therein his transfer to one of the stations of his choice, but since such representation is not being decided, he is compelled to approach this Court in the instant proceedings. 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-3) of the petitioner expeditiously, preferably within a period of three 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, which admittedly provides for transfer from hard area to soft 3 area after completion of normal tenure of posting. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge March 19, 2025 (shankar)