Extracted from the PDF above. The PDF is authoritative.
2026:HHC:3440 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 1617 of 2026 Decided on : 03.02.2026 ____________________________________________________________ Rattan Lal ...Petitioner Versus State of HP and another ...Respondents _____________________________________________________________ Coram Hon'ble Mr. Justice Jiya Lal Bhardwaj, Vacation Judge Whether approved for reporting? 1 For the petitioner: Mr. Prashant Sharma, Advocate, for the petitioner. For the respondents: Mr. Sikander Bhushan, Deputy Advocate
General,
for respondents-State. Jiya Lal Bhardwaj
, Judge
(Oral)
Notice. Mr. Sikander Bhushan, Deputy Advocate General, appears and waives service of notice on behalf of the respondents.
2. Keeping in view the order proposed to be passed in the present petition, no reply is intended to be called from the respondents.
3. The precise grievance of the petitioner is that he has made a representation vide Annexure P-2, dated 1 Whether reporters of Local Papers may be allowed to see the judgment?
2026:HHC:3440
04.12.2025 to adjust him at District Jail, Bilaspur or Nahan.
4. The petitioner, vide Office order dated 03.10.2025, was promoted to the post of Assistant Superintendent Jail (Group-C) and was posted at District Jail, Chamba. After joining at District Jail, Chamba, the petitioner made representation vide Annexure P-2 on 04.12.2025 to respondent No. 2. As per the averments in the writ petition, the petitioner is to superannuate on 30.11.2026 and as such has been left with 10 months service.
5.
Learned counsel for the petitioner has submitted that as per the provisions contained in the transfer policy, more particularly Clause 5.5, clearly envisage that in case of Class-III & Class-IV officials likely to retire in two years, as far as possible, they should be posted in the convenient places/stations, subject to vacancy.
6.
Learned counsel for the petitioner has submitted that at present the posts of Assistant Superintendent, Class-III (non-gazetted) are lying vacant at Modern Central Jail, Kanda, District Jail Kaithu and District Jail, Solan, since, as per Notification dated
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08.01.2026 (Annexure P-3), the officials have been promoted to the post of Deputy Superintendent Jail and have been posted at different places.
7. Keeping in view the above facts, since the petitioner is due to retire on 30.11.2026, the respondent/competent authority is directed to decide the representation made by the petitioner within four weeks.
8. It is made clear that in case the petitioner wants to submit fresh representation, he is at liberty to do so highlighting the vacancy positions. The competent authority after receipt of such fresh representation will also consider the same sympathetically in view of the fact that he is left with only 10 months to superannuate.
9. In view of the above, the present petition is
disposed of. Pending applications, if any, also stand
disposed of. 03 rd Februa
ry , 2026
( Jiya Lal Bhardwaj ) (Vriti)
Vacation Judge