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

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

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh representation to respondent No.2/Competent Authority within two weeks; respondent No.2/Competent Authority directed to consider and decide the same in accordance with law and the applicable transfer policy within a further four weeks and to communicate the decision to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of.

Issue for consideration

Whether the petitioner's representation dated 23.12.2024 (Annexure P-2), made on completion of the prescribed 'three summers and two winters' tenure in a hard and tribal area under the State transfer policy and seeking transfer to a soft area of his choice, ought to be considered in accordance with law and the applicable transfer policy.

Court's answer

The writ petition is disposed of by permitting the petitioner to file a fresh representation to respondent No.2/Competent Authority within two weeks.

Ratio / Principle

Respondent No.2/Competent Authority shall consider and decide the fresh representation in accordance with law and the applicable transfer policy within a further four weeks, and the decision so taken shall be communicated to the petitioner.

Detailed headnote1 paragraphs

High Court of Himachal Pradesh at Shimla (Single Bench, Jyotsna Rewal Dua, J.) disposed of CWP No.64 of 2025 (Rajender Kumar v. State of H.P. & Ors.), decided on 2nd January, 2025. The petitioner, serving as Veterinary Pharmacist at Veterinary Dispensary Duni, District Kinnaur, H.P., claimed that on completion of the tenure of 'three summers and two winters' prescribed in the State transfer policy for service in hard and tribal areas, he had submitted a representation dated 23.12.2024 (Annexure P-2) seeking transfer to a soft area of his choice, and that the representation had not been considered in accordance with law. Without adjudicating the merits, the Court permitted the petitioner to file a fresh representation to respondent No.2/Competent Authority within two weeks and directed that authority to consider and decide it in accordance with law and the applicable transfer policy within a further four weeks, communicating the decision so taken to the petitioner. Pending miscellaneous application(s), if any, also stood disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.64 of 2025 Decided on: 2^nd January, 2025

_________________________________________________________________ Rajender Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________

Coram

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

_________________________________________________________________ For the petitioner: Mr. Daleep Singh Kaith, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General.

Jyotsna Rewal Dua, Judge

Notice. Ms. Leena Guleria, learned Deputy

Advocate General, appears and waives service of notice on behalf of the respondents.

2. Petitioner is presently serving as Veterinary Pharmacists at Veterinary Dispensary Duni, District Kinnaur, H.P. The case set up by him is that on completion of three summers and two winters, that is prescribed in the transfer

policy of the State for serving in hard and tribal areas, he had

submitted representation to the respondents, seeking his

1 Whether reporters of Local Papers may be allowed to see the judgment? yes

2 -

transfer to a soft area of his choice vide Annexure P-2, dated 23.12.2024. His grievance is that his representation has not been considered in accordance with law.

3. At this stage, learned counsel for the petitioner submits that petitioner be permitted to file a fresh representation in accordance with the applicable transfer policy to respondent No.2/Competent Authority, whereafter respondent No.2/Competent Authority be directed to consider the same within a time bound schedule.

4. In view of above, the writ petition is disposed of by permitting the petitioner to file a fresh representation to respondent No.2/Competent Authority within two weeks, who shall consider and decide the same in accordance with law and applicable transfer policy within further four weeks. The decision so taken be also communicated to the petitioner.

Pending miscellaneous application(s), if any, also stand disposed of.

Jyotsna Rewal Dua Judge

January 2, 2025 R.Atal