Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.793 of 2026 Date of Decision: 08.01.2026 _____________________________________________________________________ Sanjay Kumar Sharma ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Gambhir Singh Chauhan & Mr. Ganesh Barowalia, Advocates. For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecturer (History) at Government Senior Secondary School Haripur Khol, Tehsil Paonta Sahib, District Sirmaur, 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), whereby he has prayed for his transfer from afore station to one of the stations, as detailed in the representation, on the ground of adverse family circumstances. 2. Though it has been fairly admitted at the behest of the petitioner that he has not completed normal tenure at present place of posting, but transfer is being sought on the ground of adverse family circumstances. Since mother of the petitioner is unwell and there is none to take care of her, he filed representation to the competent authority for his transfer, but since no action was taken upon the same, he has approached this Court in the instant proceedings. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that since petitioner has not completed normal tenure at present place of posting, he is not entitled to seek transfer as has been prayed for in the instant petition. He further states otherwise also, it is the sole prerogative of the employer to post an employee at a particular station. 4. Though this Court finds no reason to differ with the aforesaid submission of Mr.
Ravi Chauhan, learned Deputy Advocate General, but once Transfer Policy itself provides for minimum tenure of three years at one station, coupled with the fact that mother of the petitioner is not well, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation 2
of the petitioner (Annexure P-4) expeditiously, preferably within four weeks from today. 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 orders taking note of Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stand disposed of. January 08, 2026 (Sandeep Sharma), (sunil)
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