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2026 DAILYLAW 6398 (HP)

PRAVEEN KUMAR v. THE STATE OF HP AND OTHERS

CWP/763/2026 · 2026-01-08

Sandeep Sharma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.763 of 2026 Date of Decision: 08.01.2026 __________________________________________________________ Praveen Kumar …….Petitioner Versus State of H.P. and Another ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Tek Chand, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as TGT (Arts) at Government High School Sailli, under complex Government Senior Secondary School Aura, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide his representation, whereby he has prayed for his transfer from afore station to one of the station of his choice, on account of his having completed normal tenure of posting at the present place of posting, which is claimed to be tribal area, in time bound manner. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- 2. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol fairly states that representation, if any filed, shall be decided expeditiously, in accordance with law. 3. Since it is quite apparent from the averments contained in the petition, which is duly supported by affidavit, that petitioner has already completed normal tenure of posting at the present place of posting, which is admittedly a tribal area, coupled with the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, enables an employee working in hard/tribal area to seek transfer to soft area or one of the station of his/her choice after his/her having completed normal tenure of posting in hard/tribal area i.e. two winters and three summers, this Court sees no impediment inasmuch as issuing directions to respondents to consider and decide the representation of the petitioner expeditiously. 4. 4. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file fresh representation to the competent authority within a period of two weeks, praying therein for his transfer from afore station, which in-turn shall be decided by the afore authority expeditiously, preferably, within a period of four weeks. -3- 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 order. Pending application(s), if any, shall also stand disposed of. (Sandeep Sharma), Judge January 08, 2026 (Rajeev Raturi)