Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4605 of 2025
Date of Decision: 28.3.2025 _____________________________________________________________________ Rakesh Kumar ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Gaurav Bhardwaj and Mr. Ruchirangad Singh, Advocates. For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as PET in Govt. High School Rajot u/c GSSS Rakkar, Baijnath, District Kangra, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein directions to the respondents to consider and decide his representation (Annexure P-4 Colly.), whereby he has prayed for his transfer from present place of posting to other station under 5% inter-district transfer quota, in time bound manner. Petitioner herein has already completed normal tenure at the present place of posting and as such, he has filed representation, seeking therein transfer to one of the station of his choice as detailed in para-3 of the petition under 5% inter-district transfer quota. - 2 -
2. 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. Mr. Panwar, fairly states that representation, if not already decided, shall be decided expeditiously. 3. 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 of the petitioner expeditiously, preferably within a period of four 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 a speaking order thereupon in terms of transfer policy framed by the Government of Himachal Pradesh, which provides for transfer/adjustment of an employee on account of completion of normal tenure at present place of posting i.e. three years and 5% inter- district transfer quota. 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.
March 28, 2025
(Sandeep Sharma), (manjit)
Judge