Extracted from the PDF above. The PDF is authoritative.
2026:HHC:2642 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 727 of 2026 Date of Decision: January 8, 2026 Devinder 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. Vikas Rajput, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Ad- vocates General. __________________________________________________________ Sandeep Sharma, Judge (oral):
Petitioner, who is working as JBT at Government Centre Primary School, Seri Batwara, Education Block Serja-II, District Mandi, Himachal Pradesh, which is notified as a hard area, has approached this Court, in the instant proceedings, seeking therein a direction to the respondents to con- sider and decide his pending representation (Annexure P-3), whereby he has prayed for his transfer from afore station to one of the stations as de- tailed in the representation, on the ground that he has completed his normal tenure of posting in hard area. 2. Having regard to the nature of order proposed to be passed in the instant proceedings and prayer made therein, this Court sees no necessity to call for reply from the respondents, who are duly represented by Mr. Vi- shal Panwar, learned Additional Advocate General. Mr. Panwar, learned
1Whether the reporters of the local papers may be allowed to see the judgment? -2-
Additional Advocate General fairly states that the representation,(Annexure P-3), if not already decided, shall be decided expeditiously. 3. Since, it is apparent from the averments contained in the petition, which is duly supported by way of an affidavit, that the petitioner has al- ready completed normal tenure of posting at present station, which is a noti- fied ‘hard area’ coupled with the fact that the Comprehensive Guiding Prin- ciples formulated by the State Government, provides for transfer of an em- ployee to a soft area, after completing normal tenure of posting in hard area, this court sees no impediment in issuing direction to respondent No.2/competent authority to consider and decide the representation (An- nexure P-3) of the petitioner, expeditiously, preferably within four weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of this order, shall afford opportunity of hearing to the peti- tioner and pass a speaking order thereafter.
Competent authority, if decides the representation in the affirmative, it shall not insist upon the condition of providing substitute. Petition stands disposed of in the afore terms. All pending applica- tions also stand disposed of. (Sandeep Sharma),
Judge January 8, 2026 (Vikrant)