IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5917 of 2025 Date of Decision: 10.04.2025 _______________________________________________________ Rakesh Bhardwaj …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Surinder Saklani, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge(oral): Being aggrieved and dissatisfied with the order dated 07.04.2025 (Annexure P-1), whereby petitioner, who is a TGT (Non- Medical) has been ordered to be transferred from Government Senior Secondary School, Jhandutta, District Bilaspur, Himachal Pradesh, to Government Senior Secondary School, Jaihar, District Sirmaur, Himachal Pradesh, against vacancy, petitioner has approached this Court in the instant proceedings, praying therein to set-aside aforesaid order on the ground that he has not completed normal tenure of posting at the present place of posting. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Besides above, it is also averred in the petition that though petitioner has been ordered to be transferred from Government Senior Secondary School, Jhandutta, District Bilaspur, Himachal Pradesh, to Government Senior Secondary School, Jaihar, District Sirmaur, Himachal Pradesh, on account of his being surplus, but person senior to him has been retained. 3. It is quite apparent from the pleadings as well as other material adduced on record by the petitioner that petitioner has been working in Government Senior Secondary School, Jhandutta, District Bilaspur, Himachal Pradesh, since 03.10.2023. It is also apparent that prior to his posting at present place of posting, petitioner remained posted at Government Senior Secondary School, Nakhlera, District Bilaspur, meaning thereby that petitioner has been serving in the District Bilaspur for more than four years, if it is so, no intervention of this Court is called for, however, having taken note of the fact that parents of the petitioner are unwell and there is none to take care of them, coupled with the fact that petitioner has already filed representation to respondent No.2 for cancellation/adjustment of his transfer, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondent No.2 to consider and decide the aforesaid representation (Annexure P-2) of the petitioner expeditiously, preferably within a period of one 3 week. Ordered accordingly. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon taking note of transfer policy, which admittedly provides for adjustment of an employee on medical grounds as well as adverse family circumstances. While doing the needful, respondent No.2 may also take note of the fact that person senior to petitioner has been retained in the school. Till the time representation is not decided in terms of instant order, petitioner shall not be relieved, if not already relieved. Pending applications, if any, also stand disposed of. p` (Sandeep Sharma), Judge April 10, 2025 (Rajeev Raturi)