1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6366 of 2025 Date of decision: 21.04.2025 Pratap Singh. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. With the consent of learned counsel for the parties, matter is heard at this stage. As in view of the grievance of the petitioner and the nature of order being passed hereinafter, there is no necessity to call for reply from the respondents. Adoption of this course is agreed to by the learned Deputy Advocate General. 3(i). Petitioner is serving as Junior Basic Teacher (JBT) at Government Centre Primary School, Shiri Kiyari, -2- Education Block Shillai, District Sirmour. His grievance is to the office order dated 10.04.2025, whereby, he has been transferred without Travel Time Allowance/Joining Time (‘TTA/JT’) to GCPS Kanti Mashwa, Education Block Sataun, District Sirmour, against vacant post. 3(ii). Learned counsel for the petitioner submits that petitioner was posted at GCPS Shiri Kiyari on 10.11.2014; The said place of posting falls under hard area in terms of applicable transfer policy. On completion of more than 10 years of continuous service at the aforesaid hard area, the petitioner preferred a representation on 22.03.2025 (Annexure P-1) to Deputy Director, Elementary Education, District Sirmour, seeking transfer to a station of his choice out of the preferences indicated in the representation – JBT being a District Cadre post. The representation also mentions that petitioner is suffering from ailments and is not keeping good health. Instead of considering the petitioner’s representation, the respondents issued impugned office order on 10.04.2025, transferred the petitioner to a place, which is not his choice -3- of station, that too without giving him TTA/JT, as if the petitioner had opted for this transfer. Learned counsel further submits that petitioner has not opted for transfer to GCPC Kanti Mashwa. The stations of choice indicated in his representation dated 22.03.2025, have not been considered by the respondents. Learned counsel for the petitioner further submits that petitioner is still continuing to discharge his duties at GCPS Shiri Kiyari, Education Block Shillai, District Sirmour and none else has been posted at the place of the petitioner. 4. In view of the facts mentioned in the petition and the documents placed on record, it will be expedient to dispose of this petition with the following directions:- 4(i). Petitioner is permitted to prefer a fresh detailed representation to respondent No.2/Competent Authority within three days from today. In case, such representation is so preferred, the Competent Authority shall consider and decide the case of the petitioner for transfer from GCPS Shiri Kiyari, Education Block Shillai, District Sirmour, afresh, also keeping in view his representation dated 22.03.2025 (Annexure P-1), in accordance with law, within a further -4- period of two weeks. The order so passed shall also be communicated to the petitioner. 4(ii). Till such time, the operation of office order dated 10.04.2025 (Annexure P-2) shall remain stayed qua the petitioner. 4(iii). It is further clarified that in case the petitioner fails to prefer the aforesaid representation within the stipulated period, the interim protection granted under this order shall be deemed to have been automatically vacated. This writ petition is disposed of in above terms so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 21st April, 2025 Judge (Pardeep)