Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 9976 (HP)

PAWAN KUMAR v. THE STATE OF HP AND OTHERS

CWP/4237/2025 · 2025-03-24

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:7556 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4237 of 2025 Date of Decision: 25.3.2025 _____________________________________________________________________ Pawan 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. Dinesh Bhanot, Advocate. For the respondents: Mr. Anup Rattan, A.G. with Mr. Rajan Kahol, Additional Advocate General for the respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Through instant petition, petitioner herein, who at present is working as Senior Assistant in the Office of Deputy Director (Animal Husbandry/Breeding), Bilaspur, H.P. has laid challenge to order dated 15.03.2025 Annexure P/3, whereby he has been ordered to be transferred to the office of Deputy Director Animal Husbandry/breeding, Mandi, H.P. As the petitioner has completed his normal tenure of posting at the present pace of posting, this Court sees no reason to interfere in the impugned transfer order dated 15.3.2025. 2. However, having note of the fact that the petitioner’s father is unwell and there is none to take care of him, this court 2025:HHC:7556 ) - 2 - without going into the merits of the case deems it fit to dispose of the present petition with, reserving liberty to petitioner to file the representation to the competent authority for cancellation/adjustment on account of adverse family circumstances, which in turn shall be decided by a competent authority within a period of 10 days thereafter. 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 appropriate order, taking note of transfer policy formulated by Government of Himachal Pradesh, which specifically provides for transfer/adjustment of an employee on adverse family circumstances. Till the time, representation, if any, filed by the petitioner within a period of teen days, is not decided by the competent authority, he shall not be compelled to join at the transferred station, if private respondent has not already joined. 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 25, 2025 (Sandeep Sharma) mamta Judge