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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4151 of 2025
Date of Decision: 24.3.2025 _____________________________________________________________________ Hiteshwari
……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Raj Thakur, Advocate. s 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)
Petitioner, who at present is working as Shastri, at Senior Secondary School Sahala, Tehsil Sihunta, District Chamba, Himachal Pradesh, and has completed more than two years seven months in the aforesaid station, has approached this court in instant proceedings, seeking therein direction to consider and decide her representation for transfer from the aforesaid place to place mentioned in the representation on sympathetic grounds/couple case. 2. Careful perusal of averments contained in the petition, which is duly supported by affidavit as well as documents annexed therewith reveals that petitioner has been working as Shastri at Govt. Secondary School Sahala since 3.8.2022. Though petitioner would
- 2 - complete her normal tenure of posting at present place of posting i.e. three years in the month of August 2025, but she filed representation seeking transfer on the ground of couple case. Since husband of the petitioner is working as Shastri at Government Senior Secondary School GSSS Kolka, Tehsil and District Chamba, which is approximately at a distance of 80 kms from the place of posting of the petitioner coupled with the fact that parents of the husband of the petitioner remain unwell, she has filed representation to the competent authority for her transfer from present place of posting to the station of choice on the ground of couple case. 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. Rajan Kahol, learned Additional Advocate General. While accepting notice on behalf of the respondents, learned Additional Advocate General, fairly states that representation dated 27.1.2025, if not already decided, shall be decided expeditiously. 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 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
- 3 - afford an opportunity of hearing to the petitioner and pass a speaking order thereupon in terms of transfer policy framed by the Government of Himachal Pradesh, wherein admittedly a provision has been made to consider transfer of employees in couple case. 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 24, 2025
(Sandeep Sharma), (manjit)
Judge