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2026 DAILYLAW 5740 (HP)

BHAVNESHWARI CHAUHAN v. THE STATE OF HP AND OTHERS

CWP/1117/2026 · 2026-01-09

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1117 of 2026 Date of Decision: 09.01.2026 _____________________________________________________________________ Smt. Bhavneshwari Chauhan ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Anil Kumar Manget, Advocate. For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as JBT at GPS Bagra, Education Block, Chamba-I, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-2), whereby she has prayed for her transfer from afore school, which falls in District Chamba, to one of the schools, as detailed in the representation, under 5% inter- district quota, on the ground that she has already completed three years in District Chamba. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, fairly states that prayer made on behalf of the petitioner for inter- district transfer under 5% quota shall be considered subject to availability of vacancy in District Mandi. 3. Since it is quite apparent from the pleadings adduced on record by the petitioner, which are duly supported by an affidavit, that petitioner has already completed three years in District Chamba, coupled with the fact that Notification dated 20.11.2021 formulated by the Government of Himachal Pradesh, enables an woman employee to seek transfer from one district to another after her having completed more than three years in one district, this Court sees no impediment in issuing directions to the respondents to consider and decide the pending representation of the petitioner (Annexure P-2) 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 Notification dated 20.11.2021, which provides for inter-district transfer of a woman employee after her having completed three years in one district. Pending applications, if any, stand disposed of. January 09, 2026 (Sandeep Sharma), (sunil) Judge 2