Pooja Pundir Vs the State of Hp and Others

For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General.

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Sandeep Sharma, J. (Oral)

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Petitioner herein, who is transferred from GPS Nawan Jagoti, E/B Sarahan to GPS Kathanji, E/B/ Sarahan, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide her pending representation (Annexure P-3) , whereby she has prayed for her transfer from present place of posting to one of the stations, as detailed in the representation, on account of adverse family circumstances.

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It has been averred in the petition that though petitioner has already completed normal tenure at GPS Nawan Jagoti, E/B

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Sarahan, but on account of serious health issues/ailments of her mother-in-law, it may not be possible for her to join at GPS Kathanji, E/B/ Sarahan, District Sirmaur, Himachal Pradesh, which is at a distance of 35 Kms. Since there is none to take care of her old age mother-in-law, who is suffering from multiple ailments, prayer has been made for transfer/adjustment at a convenient station, as detailed in the representation, which may be considered and decided in a time bound manner.

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Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that though petitioner has already completed normal tenure at present place of posting and as such, no illegality can be said to have been committed by the respondents, while issuing transfer order, thereby transferring petitioner from present place of posting to another station.

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True it is that petitioner has already completed normal tenure at present place of posting, but since Transfer Policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer/adjustment at a convenient station on the ground of adverse family circumstances, coupled with the fact that

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mother-in-law of the petitioner is seriously ill as is evident from the medical documents adduced on record by the petitioner, there appears to be 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 present petition is disposed of, with a direction to the respondents to consider and decide the pending representation (Annexure P-3) of the petitioner expeditiously, preferably within a period of ten days from today. 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 thereafter taking note of adverse family circumstances of the petitioner as well as provision contained in Transfer Policy, which certainly enables an employee to seek transfer/adjustment on account of adverse family circumstances.

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Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending application(s), if any, stand disposed of.

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September 16, 2025 (sunil)

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Judge

Pooja Pundir v. the State of Hp and Others

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Pooja Pundir v. the State of Hp and Others

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