Nuram Chand Vs State of Hp and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

Nuram Chand Vs State of Hp and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to consider and decide the petitioner's pending representation dated 20.06.2025 (Annexure P-3) expeditiously, preferably within four weeks, after affording him an opportunity of hearing and taking note of the transfer policy.

Issue for consideration

Whether the respondents should be directed to consider and decide the petitioner's representation dated 20.06.2025 (Annexure P-3) seeking transfer from his hard/difficult area posting, where he has completed the normal tenure, to a station of his choice.

Court's answer

Since the petitioner has completed the normal tenure of posting (two winters and three summers) at a hard/difficult area station, and the transfer policy formulated by the Government of Himachal Pradesh enables an employee working in a hard area to seek transfer to a soft area after completing normal tenure, the Court saw no impediment in issuing a direction to the respondents to consider and decide the pending representation in a time bound manner.

Ratio / Principle

Without going into the merits of the case, the petition is disposed of with a direction to the respondents to consider and decide the pending representation dated 20.06.2025 (Annexure P-3) expeditiously, preferably within a period of four weeks.

Key takeaways

The authority concerned shall afford an opportunity of hearing to the petitioner and pass an appropriate order taking note of the transfer policy; pending applications, if any, stand disposed of.ratio¶15

Detailed headnote1 paragraphs

Transfer — government employee in hard/difficult area — completion of normal tenure (two winters and three summers) — petitioner, a JBT teacher at Government Primary School, Bagishadi, District Kullu, sought a direction to decide his representation dated 20.06.2025 (Annexure P-3) for transfer to a station of his choice in terms of the Himachal Pradesh transfer policy, which permits an employee working in a hard area to seek transfer to a soft area on completion of normal tenure. The Court, without calling for a reply and without going into the merits, disposed of the petition directing the respondents to consider and decide the pending representation expeditiously, preferably within four weeks, after affording the petitioner an opportunity of hearing and taking note of the transfer policy. Pending applications disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.13347 of 2025

Date of Decision:20.08.2025

____________ ___________________________________________ Nuram Chand …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioner: Mr. Surender Sharma, Advocate. For the Respondents : Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge (oral):

Petitioner herein, who at present is working as JBT at Government Primary School, Bagishadi, Education Block Sainj, District Kullu, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his representation dated 20.06.2025 (Annexure P-3), whereby he has prayed for his transfer from afore station to one of the stations of his choice, as detailed in the representation, on account of

the fact that he has already completed normal tenure of posting at present place of posting, which is a hard/difficult area.

Having regard to the nature of prayer and order proposed

to be passed, this Court sees no necessity to call for reply on behalf

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

2

of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Learned Deputy Advocate General fairly states that representation, if not already decided, shall be decided expeditiously.

Since it is quite apparent from the pleadings adduced on record by the petitioner, which are duly supported by the affidavit, that petitioner has already completed normal tenure of posting at present placing of posting i.e. two winters and three summers, coupled with the fact transfer policy formulated by the Government of Himachal Pradesh enables an employee working in hard area to seek transfer to soft area after his/her having completed normal tenure of posting, this Court sees no impediment in issuing direction to the respondents to consider and decide the pending representation of the petitioner in a time bound manner.

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, with a direction to the respondents to consider and decide the pending representation dated 20.06.2025 (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

3

of hearing to the petitioner and pass appropriate order, taking note of transfer policy. Pending applications, if any, also stand disposed of.

(Sandeep Sharma), Judge

August 20,2025 (shankar)