Vikram Chauhan Vs State of Hp and Ors.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.13141 of 2025

Date of Decision:14.08.2025

____________ ___________________________________________ Vikram Chauhan …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner: Mr. Davinder Chauhan Jaita, Advocate. For the Respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge (oral):

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Petitioner herein, who at present is working as a Forest Guard at Kafnoo Beat Cut Gaon Block, Cut Gaon Kinnaur Division, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his representation, whereby he has prayed for his transfer from afore station to soft area or one of the stations of his choice, as detailed in the representation, on the ground that he has already completed normal tenure of posting in hard/tribal area.

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Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply

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

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on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General states that fresh representation, if any, filed by the petitioner shall be decided in accordance with law.

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Since it is quite apparent from the pleadings adduced on record, which are duly supported by affidavit that petitioner has already completed normal tenure of posting in hard/tribal area, coupled with the fact that transfer policy itself enables an employee, who has been working in hard /tribal area, to seek transfer after his/her having completed normal tenure of posting in hard/tribal area, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation of the petitioner, in a time bound manner.

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Consequently, in view of the above, the present petition is disposed of, with liberty reserved to the petitioner to file representation to the respondents within a period of one week, praying therein for his transfer from present place of posting to soft area or one of the stations of his choice, which in turn, shall be decided by the respondents within a period of four weeks. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon. Liberty is reserved to the

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petitioners to file appropriate proceedings in appropriate court of law,

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if he still remains aggrieved. Pending applications, if any, also stand

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disposed of.

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(Sandeep Sharma), Judge

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August 14,2025 (shankar)