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2026 DAILYLAW 5011 (HP)

RAKESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/175/2026 · 2026-01-06

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.175 of 2026 Date of Decision: 6.1.2026 _____________________________________________________________________ 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. Bhender Kumar Chaudhary, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Additional Advocate General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Arts), Government Middle School Thaloga, u/c GSSS Telka, Tehsil Salooni, District Chamba, 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-4) in a time bound manner, whereby he has prayed for his transfer from afore station to one of the stations of choice as detailed in the representation on the ground that he has completed normal tenure at present place of posting. 2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. - 2 - Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that mere completion of tenure at one station cannot be a ground to seek transfer, rather sole prerogative in that regard is of the employer. 3. True, it is that it is sole prerogative of the employer to post an employee anywhere in the State, but once transfer policy formulated by State of Himachal Pradesh, itself prescribes for completion of minimum tenure of three years at one place coupled with the fact petitioner has already completed more than six years at present place of posting, this Court sees no impediment in issuing direction to the respondents to consider and decide representation of the petitioner, expeditiously, preferably, within 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 taking note of the transfer policy. Pending applications, if any, also stand disposed of. January 6, 2026 (Sandeep Sharma), (manjit) Judge