Shailja Sharma vs State Of H.P. And Another

Ranjan Sharma, J

With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the orders intended to be passed herein.

Admittedly, the petitioner is posted as Excise Commissioner at Mandi and she belongs to Class-I [Gazetted] post and is borne on the State Cadre Service. Though, the petitioner being a Class-I [Gazetted] Officer, having State Cadre liability, is liable to be transferred anywhere throughout the State, but once the petitioner has made a representation, then, the Respondent-State is bound to examine the same and to pass appropriate orders thereon.

After hearing, the learned counsel for the petitioner and without going into the merits of the case, learned counsel submits that feeling aggrieved the transfer orders dated 31.01.2024 [Annexure P-1], the petitioner has made a representation dated 02.02.2024, Annexure P-4, to Principal Secretary [State Taxes and Excise], Himachal Pradesh, raising various issues, which is pending. He further submits that he shall be satisfied in case Respondent No.1-Principal Secretary [State Taxes and Excise], Himachal Pradesh, is directed to decide the representation in a time bound manner.

Accordingly, this Court disposes of the instant writ petition, by directing Respondent No.1-Principal Secretary [State Taxes and Excise], Himachal Pradesh, to consider/examine the representation dated 02.02.2024 [Annexure P-4] and to pass appropriate orders thereon within five days from today.

Till decision of the representation, Respondent-State shall not compel the petitioner to join the transferred station at Hamirpur.

In the aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.