IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4400/2024 Decided on: 03.04.2025 Prem Lal …Petitioner Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr Sohail Khan, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Petitioner is presently serving as Senior Assistant (Class-III) at Development Block, Pangi, District Chamba. His grievance in this writ petition is to the office order 16.03.2024, whereunder he has been transferred to Development Block Salooni, District Chamba. 2. Respondents have given incumbency position of the petitioner for justifying his transfer, however, it is an admitted position that the petitioner is set to retire on 30.06.2026 i.e. within about 14 months. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3. Para 5.5 of the Comprehensive Guiding Principles- 2013 for regulating the transfer of State Government employees provides for accommodating Class-III and Class-IV officials likely to retire within two years, as far as possible, at the convenient places/stations, subject to vacancy. Keeping this view, vide order dated 25.03.2025, respondents were directed to examine the feasibility of permitting the petitioner to continue to serve at his present place of posting till his retirement. Pursuant thereof, learned Deputy Advocate General has placed on record instructions memo dated 29.03.2025, relevant portion of which read as under:- “1. That as per official record the date of birth of the petitioner is 5th June, 1968 and as therefore, his date of retirement is 30.06.2026. 2. That as per para 5.5 of the Comprehensive Guiding Principles- 2013 for regulating the transfer of State Government employees, there is a provision to accommode Class-III and Class-IV officials likely to retire within two years, as far as possible, at the convenient places/stations, subject to vacancy. 3. That at the time of issuance impugned transfer order dated 16.03.2024 (Annexure P-1) the petitioner was having more than two years to superannuate. 4. Since, there is ban on transfers as per letter No. Pet (AP- B)B(6)-1/2013 dated 02.08.2024 in case any representation is made by the petitioner for allowing him to continue at his present place of posting till his retirement, the same shall be put up to the competent authority for decision.” 4. Taking into consideration the facts of the present case and the instructions memo, this writ petition is disposed of by 3 permitting the petitioner to represent to respondent No.2/competent authority for his retention at his present place of posting/adjustment at convenient place within two weeks. In case, such representation is made by the petitioner, the same shall be considered and decided, in accordance with law and as per applicable transfer policy by the respondents within next two weeks. Till such time, the petitioner shall be permitted to continue to serve at his present place of posting. The order so passed be also communicated to the petitioner. It is, however, made clear that in case, petitioner does not make any representation within the aforesaid period, interim protection granted under this order shall stands vacated. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge April 03, 2025(rohit)