IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
PAWAN KUMAR – Appellant
Versus
THE STATE OF HP AND OTHERS – Respondent
CWP/18783/2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.18783 of 2025
Date of Decision: 01.12.2025
__________________________________________________________
Pawan Kumar …….Petitioner
Versus
State of H.P. and Others ….Respondents
__________________________________________________________
Coram:
Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Mr. Vikrant Chandel and Ms. Shivani,
Advocates.
For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar,
Additional Advocates General, with Mr. Ravi uChauhan, Deputy Advocate General, for
State.
__________________________________________________________
Sandeep Sharma, Judge (oral):
Petitioner herein, who at present is working as Lecturer
(SN) (Biology) at GSSS (Boys) Nalagarh, District Solan, has approached this Court in the instant proceedings, seeking therein direction to respondents to consider and decide his pending representation (Annexure P-5), whereby he has prayed for his transfer from afore School to one of the Schools, as mentioned in the representation, on the
ground of couple case as well as adverse family circumstances.
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 states that petitioner has recently joined at GSSS (Boys)
Nalagarh, District Solan and as such, there is no occasion, if any, to seek transfer within short span.
3. Having carefully perused averments contained in the petition, which is duly supported by affidavit, this Court finds that vide order dated 18.10.2025, petitioner herein was transferred from GSSS Phangwas, District Mandi to GSSS (Boys) Nalagarh, District Solan and pursuant to afore order, petitioner at first instance joined at transferred station and thereafter made a reprtesentation to the competent authority seeking transfer to some other station on the ground of couple case as well as adverse family circumstances. Since aforesaid representation has not been decided, petitioner has approached this Court in the instant proceedings.
4. Since it is apparent from the pleadings adduced on record by the petitioner that his wife is also working in Education Department and at present, she is posted at GPS Chowk, u/c GCPS Naulakha, District Mandi, coupled with the fact that mother of the petitioner is bed- ridden, this Court sees no impediment inasmuch issuing direction to the respondents to consider and decide the pending representation (Annexure P-5) of the petitioner expeditiously, preferably, within a period of four weeks. 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 thereupon taking note of Transfer Policy, formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer on the ground of couple case as well as adverse family circumstances.
The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any.
(Sandeep Sharma), Judge December 01, 2025 (Rajeev Raturi)
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