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2026 DAILYLAW 5704 (HP)

SHASHI PAL v. THE STATE OF HP AND OTHERS

CWP/161/2026 · 2026-01-06

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.161 of 2026 Date of Decision: 06.01.2026 _____________________________________________________________________ Shashi Pal ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. B.R. Dhiman, Advocate. For the respondents: Mr. Rajan Kahol, Additional Advocate General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (NM) at GMS Panooh, u/c GBSSS Subathu, District Solan, 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-3), whereby he has prayed for his transfer from present place of posting to one of the stations, as detailed in the representation, on the ground that he is due to retire within less than two years. 2. 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 petitioner was transferred to present place of posting seven months back, as such, prayer made on his behalf seeking transfer deserves outright rejection. 3. Though having carefully perused averments contained in the petition, which are duly supported by an affidavit, this Courts finds that petitioner has posted at present place of posting in the month of May, 2025, as such, he has not completed normal tenure at present place of posting, but once Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee nearing retirement to seek transfer from one station to another, coupled with the fact that petitioner has already approached competent authority for redressal of his grievance, 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 representation of the petitioner (Annexure P-3) within four weeks from today. Ordered accordingly. 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 observations made hereinabove as well as provisions contained in Transfer Policy, which enables an employee nearing retirement to seek posting/transfer at a convenient station. Pending applications, if any, stand disposed of. January 06, 2026 (Sandeep Sharma), (sunil) Judge 2