2025:HHC:13524 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7619 of 2025 Date of Decision: 09.05.2025 _____________________________________________________________________ Naval Kishore ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Rajesh Kumar, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondents-State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Class-IV at CHC Ani, District Kullu, Himachal Pradesh, is aggrieved of impugned transfer order (Annexure P-1), whereby he has been ordered to be transferred from afore station to PHC Kothi, District Kullu, Himachal Pradesh, vice Mr. Shashi Sharma, respondent No. 3. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioner, is that impugned transfer order of the petitioner is not sustainable in the eye of law as it has been issued in violation of Transfer Policy. He states that since petitioner is 50% disabled, he ought to have been transferred to a station of his convenience. 3. While putting in appearance on behalf of respondents, Mr. Vishal Panwar, learned Additional Advocate General, states that since petitioner has almost completed normal of tenure of posting at present place of posting, no illegality can be said to have been committed by the respondents, while ordering impugned transfer order. 4. Having heard learned counsel for the parties and perused material available on record, this Court finds that petitioner herein, who is physically handicapped, has completed almost three years at present place of posting and as such, there appears to be no justification to interfere with the impugned transfer order. However, having taken note of disability, 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 for his adjustment at CHC Dalash or CHC Ani, which in turn shall be decided by the 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 being heard to the petitioner and pass appropriate orders taking note of transfer policy, which enables an employee having disability to seek transfer of his/her choice. Till the time, representation, as 2 detailed herein above, is not decided in terms of instant order, impugned transfer order shall remain in abeyance. Pending application(s), if any, also stands disposed of. May 09, 2025 (Sandeep Sharma), (sunil) Judge 3