The court directed the state to expeditiously decide a transfer representation for an employee who has completed the prescribed tenure in a tribal/hard area as per the government's transfer policy.

Whether approved for reporting?¹Whether the reporters of the local papers may be allowed to see the judgment?

Sandeep Sharma, Judge (oral):

Petitioner herein, who at present is working as DPE at GSSS Barang, Tehsil Kalpa, District Kinnaur, H.P., has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide his pending representation (Annexure P-3), H whereby he has prayed for his transfer from afore station to one of the station of his choice, as detailed in the representation, 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.

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. Vishal Panwar, learned Additional Advocate General.

Mr. Vishal Panwar fairly states that pending representation, if not already decided, shall be decided expeditiously, in accordance with law. P

Since it is quite apparent from the averments contained in the petition, which is duly supported by affidavit, that petitioner has already worked for more than six years at the prese nt 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 pending representation of the petitioner, expeditiously.

Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present H petition, with the direction to respondents to consider and decide the pending representation (Annexure P-3) 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, taking note of the observations made hereinabove coupled with the fact that petitioner belongs to tribal area and he has already completed more than six years at the present place of posting and as such, is required to be given station of his choice, as has been prayed in the representation, subject to availability of vacanPcy. Pending application(s), if any, shall also stand disposed of.