Disposed¶10

Amit Sharma v. the Hpptcl

Himachal Pradesh HC13 Mar 2025CWP/3519/2025

Case brief

AI extract

What is this about?

Transfer Policy; hard area to soft area transfer; tribal area posting since 10.06.2022; HPPTCL Junior Engineer (Electrical); PIU Lahal Bharmour Chamba; direction to decide pending representations Annexures P-3 & P-5 within four weeks; opportunity of being heard; speaking order; Government of Himachal Pradesh Transfer Policy; CWP No.3519 of 2025; Sandep Sharma J.; petition disposed without going into merits.

What did the court decide?

Direction to the respondents to consider and decide the pending representations (Annexures P-3 & P-5) expeditiously, preferably within four weeks, after affording the petitioner an opportunity of being heard, by passing a speaking order taking note of the Transfer Policy formulated by the Government of Himachal Pradesh; pending applications, if any, stand disposed of. ¶10

Amit Sharma Vs the Hpptcl — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to consider and decide the petitioner's pending representation seeking transfer from hard area to soft area in terms of the Transfer Policy.

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Court's answer

Without going into the merits, the Court disposed of the petition directing the respondents to consider and decide the pending representations (Annexures P-3 & P-5) expeditiously, preferably within four weeks, affording the petitioner an opportunity of being heard and passing a speaking order taking note of the Transfer Policy formulated by the Government of Himachal Pradesh.

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Key takeaways

The Court recorded its finding that the petitioner, working in the tribal area since 10.06.2022, is entitled to be transferred to a soft area/station of his choice in terms of the Transfer Policy, but his prayer had remained pending; this finding was stated while disposing of the petition without adjudicating the merits.obiter¶6

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Sandeep Sharma, J.), CWP No.3519 of 2025, decided 13.03.2025: Writ petition by a Junior Engineer (Electrical) posted under HPPTCL at PIU Lahal, Bharmour, District Chamba (tribal area) since 10.06.2022, praying for consideration of his pending representation for transfer from hard area to soft area in terms of the Transfer Policy. The Court, without calling for a reply from the respondents and without going into the merits, disposed of the petition with a direction to the respondents to consider and decide the pending representations (Annexures P-3 & P-5) expeditiously, preferably within four weeks, after affording the petitioner an opportunity of being heard, by a speaking order taking note of the Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stood disposed of.

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.3519 of 2025 Date of Decision: 13.03.2025

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_____________________________________________________________________ Amit Sharma ……...Petitioner Versus HPPTCL …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Umesh Kanwar, Advocate. For the respondent: Mr. Shubham Sood, Advocate.

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___________________________________________________________________________ Sandeep Sharma, J. (Oral)

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Petitioner herein, who at present is working as a Junior Engineer (Electrical) in the office of Senior Manager (Projects), HPPTCL, PIU Lahal, Bharmour, District Chamba, Himachal Pradesh, which is a tribal area, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide the pending representation, wherein he has prayed for his transfer from hard area to soft area.

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Having perused averments contained in the petition, which are duly supported with an affidavit as well as documents annexed therewith, this Court finds that since 10.06.2022 petitioner is working in tribal area, as detailed hereinabove and as such, he is entitled to be transferred to soft area/one of the station of his choice in terms of Transfer Policy, but since such prayer of him is pending

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consideration for long before competent authority, petitioner is compelled to approach this Court in the instant proceedings.

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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. Shubham Sood, Advocate. While accepting notice on behalf of the respondents, Mr. Shubham Sood, Advocate, fairly states that representations (Annexures P-3 & P-5) filed by the petitioner, if not already decided, shall be decided in accordance with law.

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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 representations (Annexures P-3 & P-5) filed by the petitioner expeditiously, preferably within a period of four weeks from today. Ordered accordingly. 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 speaking order thereupon taking note of Transfer Policy formulated by the Government of Himachal Pradesh. Pending applications, if any, stand disposed of.

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(Sandeep Sharma), Judge

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March 13, 2025 (sunil)

Amit Sharma v. the Hpptcl

Case brief

What is this about?

What did the court decide?

Amit Sharma v. the Hpptcl

Case brief

What is this about?

What did the court decide?

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What the court decided

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