IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7207 of 2025 Date of Decision:02.05.2025 _______________________________________________________ Rajender Singh …….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. Vinod Chauhan, 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. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as JBT in GPS, Khajiyar, Education Block, Sataun, is aggrieved of impugned transfer order dated 28.04.2025 (Annexure P-1), whereby he has been ordered to be transferred to afore station to GPS Rast, Education Block, Shillai against vacancy in condonation of short stay and in relaxation of ban on transfer. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that impugned transfer order, thereby transferring 1Whether the reporters of the local papers may be allowed to see the judgment? 2 the petitioner from one station to other has been issued on the basis of D.O. Note, issued by Hon’ble Minister of Industries. 3. Having regard to the nature of the prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General states that once it is apparent from the pleadings itself that petitioner has already completed his normal tenure of posting at present place of posting, he is not entitled for the relief, as prayed for in the instant petition. 4. Having perused the averments contained in the petition, which is duly supported by an affidavit, this Court finds that petitioner is posted at present place of posting w.e.f.28.07.2022, meaning thereby, he has almost completed his normal tenure of three years, if it is so, no illegality or infirmity can be said to have been committed by the respondents, while ordering his transfer. Otherwise also, there is no material adduced on record suggestive of the fact that impugned transfer order has been issued on extraneous grounds. Though, there is nothing to suggest that impugned transfer is based upon D.O. Note, issued by the Hon’ble Minister, as detailed hereinabove, but even otherwise, this Court cannot lose sight of the fact that Hon’ble Minister belongs to District Sirmour and he is legal representative of the same 3 constituency, if it is so, he was otherwise well within his rights to initiate proposal for transfer of an employee. Though, having taken note of afore facts, there appears to be no justification to interfere in the impugned transfer order and as such, same is upheld. 5. Having taken note of the documents adduced on record by the petitioner suggestive of the fact that mother of the petitioner is unwell and there is none to take care of her, this Court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of one week, praying therein of his adjustment at some nearby station, enabling him to take care of his ailing mother, which in turn, shall be decided by competent authority within a period of ten days. 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 the transfer policy. Till the time representation, if any, filed by the petitioner within a period of one week, is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station, if not already relieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge May 02,2025 (shankar)