Tushal Chand Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Tushal Chand Vs the State of Hp and Others — 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 transfer representation expeditiously, preferably within four weeks, affording him an opportunity of hearing and passing a speaking order taking note of the transfer policy; pending applications, if any, stand disposed of.

Issue for consideration

Whether the respondents should be directed to consider and decide the petitioner's pending representation seeking transfer in a time-bound manner. +1 more

Court's answer

The Court saw no impediment in issuing a direction to the respondents to consider and decide the petitioner's pending representation expeditiously, preferably within four weeks.

Ratio / Principle

The Court recorded that the petitioner had already completed his normal tenure in the hard area, which, coupled with the State transfer policy enabling post-tenure transfers, supported issuance of the direction.

Key takeaways

The authority deciding the representation shall afford the petitioner an opportunity of hearing and pass a speaking order taking note of the transfer policy.ratio¶14

Detailed headnote1 paragraphs

CWP No.19155 of 2025 (decided 4.12.2025, oral order) - Service law/Transfer - A Patwari posted at Jiabang, Tehsil Pooh, District Kinnaur, who had completed his normal tenure at the hard-area station, sought a direction to the State respondents to decide his pending transfer representation (Annexure P-2 Colly.) in a time-bound manner. Noting that the transfer policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer from a hard/tribal area to a soft area or a station of choice after completion of the normal tenure of posting ('three summers and two winters'), the Court (Sandeep Sharma, J.) directed the respondents to consider and decide the representation expeditiously, preferably within four weeks, affording the petitioner an opportunity of hearing and passing a speaking order taking note of the transfer policy. Pending applications, if any, disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.19155 of 2025 Date of Decision: 4.12.2025

_____________________________________________________________________ Tushal Chand

……...Petitioner Versus

State of Himachal Pradesh and Ors.

…....Respondents

Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ajay Kumar Dhiman, Advocate.

For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General.

Sandeep Sharma, J. (Oral)

Petitioner herein, who at present is working as Patwari at Jiabang, Tehsil Pooh, District Kinnaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-2 Colly.) in a time bound manner, whereby he has prayed for his transfer from afore station to one of the stations of choice as detailed in the representation on the ground that he has already completed normal tenure at present place of posting.

2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan fairly

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states that representation, if not already decided, shall be considered expeditiously in accordance with law.

3. Since it is quite apparent from the pleadings adduced on record in the petition, which is duly supported by an affidavit, that petitioner has already completed normal tenure in hard area coupled with the fact that transfer policy formulated by the Government of Himachal Pradesh, enables an employee to seek transfer from hard/tribal area to soft area or one of the stations of his/her choice after completion of normal tenure of posting i.e. three summers and two winters, this court sees no impediment in issuing direction to the respondents to consider and decide pending representation of the petitioner, expeditiously, preferably, within four weeks. Ordered accordingly. 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 a speaking order taking note of transfer policy. Pending applications, if any, also stand disposed of.

December 4, 2025 (Sandeep Sharma), (manjit) Judge