IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4996 of 2025 Decided on: 4th April, 2025 ------------------------------------------------------------------------------------- Upender Kaundal …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Sanjeev Kumar Motta, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice confined to respondents No.1 to 3, which is waived by Mr. Sikander Bhushan, learned Deputy Advocate General. 2. Heard learned counsel for the parties and considered the case file. 3. Petitioner is presently serving as Trained Graduate Teacher (Non-Medical) at GHS Thakurdwara, District Kangra, where he had joined on 06.04.2022. His grievance is to the office order dated 02.04.2025 (Annexure 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 P-1), which transfers him to GSSS Tangling, District Kinnaur. Learned counsel for the petitioner submits that the petitioner had already served in District Chamba w.e.f. 25.08.2012 to 05.07.2016 at GHS Mouwa, which is a remote/rural area. It was also submitted that the petitioner has been made a scapegoat for transfer to GSSS Tangling, District Kinnaur in order to adjust one Sh. Ashish Kumar and thereafter Sh. Ravinder Kumar, who one after the other, were though transferred to the said place, but they did not join at the transferred station and instead petitioner was picked up and transferred to GSSS Tangling, District Kinnaur. 4. On being pointed out that the petitioner has completed his normal tenure at GHS Thakurdwara, District Kangra, learned counsel for the petitioner submitted that even though the petitioner has completed his normal tenure at GHS Thakurdwara, however, he could not have been transferred to Kinnaur, a tribal area, in order to accommodate the above named two individuals, more so, when the petitioner has already served at GHS Mouwa, District Chamba, a remote/rural area. Learned counsel for the petitioner submits that the petitioner is also entitled to 3 protection under Clause 5.4 of the applicable transfer policy as his wife is working as TGT (Arts) at GMSSS Gahlian, District Kangra. At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case he is permitted to prefer a representation to respondent No.2, highlighting the above aspects and seeking his adjustment to some other place, within a period of three days and thereafter the competent authority be directed to decide the said representation within a time bound schedule. Learned Deputy Advocate General is not averse to this prayer. 5. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of by permitting the petitioner to file a comprehensive representation to respondent No.2/ competent authority, seeking his adjustment, within three days from today. In case such a representation is received by respondent No.2/competent authority within the aforesaid period, the same shall be considered and decided in accordance with law and applicable transfer policy, within ten days thereafter. The decision so arrived at shall also be communicated to the petitioner. 4 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua April 04, 2025 Judge Mukesh