IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6101 of 2025 Date of Decision: 11.4.2025 _____________________________________________________________________ Chaman Lal ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vinay Mehta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Being aggrieved and dissatisfied with order dated 7.4.2024 (Annexure P-10 Sr. No. 158), whereby petitioner, who is a TGT (Arts) has been ordered to be transferred from Government Senior Secondary School Kanaid to Government High School Sehmal, Shimla, petitioner has approached this Court in the instant proceedings, praying therein to set-aside aforesaid order. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vinay Mehta, learned counsel for the petitioner is that petitioner has not completed his normal tenure at present place of posting. While making this Court peruse averments contained in the petition, Mr. Mehta, states - 2 - that petitioner has been working at the aforesaid station for the last one year and ten months, but he has been unable to dispute that prior to posting of the petitioner at Government Senior Secondary School Kanaid, he was working at GHS Barot u/c GSSS Seri Kothi, District Mandi. Since it is quite apparent from the record that petitioner had been working in District Mandi, which is a State cadre, for more than six years, this Court sees no reason to interfere in the transfer order. Otherwise also, careful perusal of transfer order clearly reveals that same has been passed under rationalization policy. Petitioner alongwith other teachers, who have been found surplus in the schools have been ordered to be transferred against clear-cut vacancies. 3. Consequently, for the reasons stated herein above, this Court sees no reason to interfere with the impugned transfer order, however, having taken note of the fact that wife of the petitioner, who at present, is serving at Government Center Primary School Kanaid, District Mandi, Himachal Pradesh, is suffering from breast cancer, this Court deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation to the competent authority within one week, praying therein for cancellation of transfer or for adjustment at a nearby station on account of adverse family circumstances, which in turn shall be decided by the competent authority within one week. Ordered accordingly. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of - 3 - hearing to the petitioner and pass a speaking order taking note of the transfer policy, which provides for adjustment of an employee on account of medical grounds/adverse family circumstances. Till the disposal of the representation, if any, filed within the stipulated time, petitioner shall not be compelled to join at the transferred station. All pending applications stand disposed of. April 11, 2025 (Sandeep Sharma), (manjit) Judge