IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7235 of 2025 Date of Decision: 05.05.2025 _______________________________________________________ Safar Deen …….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. Tek Chand, 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 is a JBT in Government Primary School, Kanchela, Tehsil Churah, District Chamba, Himachal Pradesh, is aggrieved of impugned transfer order dated 30.04.2025 (Annexure P-1), whereby he has been transferred to Government Primary School, Shalelabadi, Education Block Tissa, District Chamba. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Tek Chand, learned counsel representing the petitioner is that impugned transfer order passed by the respondents is not sustainable on account of the 1Whether the reporters of the local papers may be allowed to see the judgment? 2 fact that same has been passed/issued during ban period, that too, without approval of the competent authority. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General. Mr. Vishal Panwar, learned Additional Advocate General states that since petitioner has already completed normal tenure of posting at present place of posting, present petition deserves dismissal. 4. Having carefully perused the averments contained in the petition, which are duly supported by way of affidavit, this Court finds that since the year 2022, petitioner has been working in Government Primary School, Kanchela, Tehsil Churah, District Chamba, Himachal Pradesh and as such, it cannot be said that petitioner has been transferred before completion of normal tenure of posting, however, taking note of the the fact that petitioner is a 30% disabled person, this Court without going into the merits of the case, 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 for cancellation of transfer order or adjustment at a nearby station, which in-turn shall be decided by the afore authority, expeditiously, preferably, within a period of ten days. Ordered 3 accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereafter, taking note of transfer policy, which provides concession to employees having disability. Till the time, representation, if filed within one week from today, is not decided by the competent authority in terms of the instant order, he 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 05, 2025 (Rajeev Raturi)