IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7385 of 2025 Date of Decision: 28.07.2025 _______________________________________________________ Ramesh Kumar …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ajeet Singh Saklani, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No. 1-State. Mr. Rakesh Kumar Chaudhary, Advocate, for respondent No. 7. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Arts) at GMS Naulakha under complex GSSS Mahadev, District Mandi, Himachal Pradesh, is aggrieved by order dated 14.07.2025 (Annexure P-1), whereby he has been transferred from afore school to GHS Jachh, District Mandi, Himachal Pradesh, 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ajeet Singh 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Saklani, learned counsel representing the petitioner, is that impugned transfer order has been passed in violation of Transfer Policy because petitioner has not been permitted to complete his normal tenure at present place of posting. Mr. Saklani, states that though petitioner was posted at GMS Naulakha under complex GSSS Mahadev, District Mandi, Himachal Pradesh, in the month of February, 2023, but he has been transferred again, vide impugned transfer order dated 02.05.2025, within short span of two years that too on the basis of DO Note issued by extra constitutional authority. 3. Pursuant to notices issued in the instant proceedings, Mr. Rajan Kahol, learned Additional Advocate General, has placed on record instructions dated 25.07.2025, issued under the signatures of Director, School Education, Himachal Pradesh, perusal whereof reveals that prior to petitioner’s posting at GMS Naulakha under complex GSSS Mahadev, District Mandi, Himachal Pradesh, he was posted at GMS Chhater u/c GSSS Kanaid, District Mandi, Himachal Pradesh, where he remained posted w.e.f. 02.01.2020 to 17.02.2023 and the distance inter se GMS Chhater and GMS Naulakha is only 3 Kms. Mr. Rajan Kahol, learned Additional Advocate General, states that since petitioner has remained posted for more than five years within a radius of 30 Kms, it cannot be said that petitioner has not completed normal tenure at present place of posting, especially when 3 clubbing of previous stay within a radius of 30 Kms has been held to be valid by Division Bench of this Court, vide judgment dated 06.06.2025 passed in CWP No. 2734 of 2024, titled as Monika Katna Vs. State of Himachal Pradesh and Ors. Division Bench of this Court has upheld office memorandum dated 27.10.2023, which provided for clubbing of stay for the purpose of transfer of employee of the Education Department. 4. Since it is quite apparent from the instructions placed on record at the behest of respondent-State that petitioner has been working within a radius of 3 Kms for more than five years, coupled with the fact that office memorandum dated 27.10.2023, which provided for clubbing of stay for the purpose of transfer of employee of the Education Department has been held to be valid and not contrary to Clause 10.1 of the Transfer Policy of Government dated 10.07.2023, no illegality can be said to have been committed by the respondents, while passing impugned transfer order and as such, same is upheld. 5. However, having taken note of the fact that petitioner is suffering from liver cancer as is evident from the documents adduced on record and his wife is also a Government employee, this Court, without into the merits of the case, deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation 4 to the competent within two days for cancellation of transfer/adjustment at a convenient station, which shall be decided by the competent authority within two weeks. Ordered accordingly. Ordered 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 taking note of Transfer Policy formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer/adjustment at a convenient station on medical grounds as well as on account of couple case. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 28, 2025 (Sunil)