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2026 DAILYLAW 4716 (HP)

RAJESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/1015/2026 · 2026-01-09

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1015 of 2026 Date of Decision: 09.01.2026 _______________________________________________________ Rajesh Kumar …….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. Amit Kumar Dhumal & Ms. Parul Negi, Advocates. For the Respondents: Mr. Rajan Kahol, Additional Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Non- Medical) at Government Senior Secondary School, Ghain, Education Block Nihri, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-1), whereby he has prayed for his transfer from afore station to one of the stations as detailed in the representation on the ground of couple case. 2. Petitioner herein, who has already completed his normal tenure at present place of posting, has filed representation to the competent authority, praying therein to transfer him to a station where his wife is posted as JBT, in terms of transfer policy formulated by the Government of Himachal Pradesh. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General states that mere completion of tenure of an employee at particular station does not entitle him to seek transfer to other station, rather prerogative in that regard is of the employer to post an employee at particular station as per requirement. 4. True it is that it is the sole prerogative of the employer to post an employee at a particular station, but once transfer policy formulated by the Government of Himachal Pradesh provides for minimum tenure of three years at one station, coupled with the fact that transfer policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer on the ground of couple case, this Court, without going into the merits of the case, deems it fit to dispose of the same, with a direction to the respondents to consider and decide the pending representation (Annexure 1) 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 being heard to the petitioner and pass appropriate order, taking note of the fact that wife of the petitioner is also working as JBT and at present is posted at Government Primary School, Bagra, Education 3 Block Sundernagar-II, District Mandi, Himachal Pradesh. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge January 09, 2026 (shankar)