Rakesh Kumar Vs the State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

Rakesh Kumar Vs the State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondents/competent authority to consider and decide the petitioner's representation dated 04.10.2025 (Annexure P-1) in accordance with law within four weeks and communicate the decision to the petitioner; pending miscellaneous application(s), if any, also disposed of.

Issue for consideration

Whether the respondents/competent authority should be directed to consider and decide the petitioner's representation dated 04.10.2025 (Annexure P-1) seeking transfer within a fixed time schedule.

Court's answer

Without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/competent authority to consider and decide the petitioner's representation dated 04.10.2025 (Annexure P-1) in accordance with law within a period of four weeks.

Ratio / Principle

The decision arrived at on the representation shall also be communicated to the petitioner.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Shimla), single bench of Jyotsna Rewal Dua, J.: CWP No.19782 of 2025, Rakesh Kumar v. State of H.P. and another, decided 15.12.2025. Petitioner, Lecturer History at Government Senior Secondary School, Sai Charog, District Solan, serving at the post since 01.09.2022, had sought transfer through a representation dated 04.10.2025 (Annexure P-1) to respondent No.2 citing completed tenure, prior difficult-area service, adverse family circumstances and impending retirement; the representation remained unconsidered by the Competent Authority. Counsel confined the prayer to a time-bound consideration of the representation and the Additional Advocate General raised no objection. Having regard to the submissions but expressly without examining the merits, the writ petition was disposed of with a direction to the respondents/competent authority to consider and decide the representation in accordance with law within four weeks and to communicate the decision to the petitioner; pending miscellaneous application(s), if any, stood likewise disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.19782 of 2025

Decided on: 15.12.2025

------------------------------------------------------------------------- Rakesh Kumar …..Petitioner

Versus

State of H.P and another .....Respondents

------------------------------------------------------------------------Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?¹

For the Petitioner: Ms. Tara Devi, Ms. Ayushi Sharma, Advocates vice Mr. P.P. Chauhan, Advocates.

For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General.

Jyotsna Rewal Dua, Judge

Notice. Mr. Y.P.S. Dhaulta, learned Additional

Advocate General, appears and accepts notice on behalf of respondents.

2. Petitioner is serving as Lecturer History at Government Senior Secondary School, Sai Charog, Tehsil Ramshehar, Education Block Nalagarh, District Solan, H.P. His case is that he is serving at the present place of posting since 01.09.2022. That petitioner has already rendered long service in difficult areas. In view of completion of tenure at his present place as well as previously rendered service in difficult areas, his adverse 1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

2

family circumstances and his impending retirement, he preferred a representation on 04.10.2025 (Annexure P-1) to respondent No.2 seeking his transfer but the aforesaid representation has not been considered as yet by the Competent Authority. Learned counsel for the petitioner submits that petitioner would be satisfied in case the respondents are directed to consider and decide the aforesaid representation within a fixed time schedule. Learned Additional Advocate General for the respondents is not averse to this prayer.

4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the aforesaid representation of the petitioner dated 04.10.2025 (Annexure P-1) in accordance with law within a period of four weeks from today. The decision so arrived at shall also be communicated to the petitioner.

The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

December 15, 2025 yogesh

Jyotsna Rewal Dua Judge