IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7622 of 2025 Decided on: 8th May, 2025 _________________________________________________________________ Shiv Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Anchal Sharma, Advocate vice Mr. Narender Singh Thakur, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General, for respondents No.1 and 2. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts service of notice on behalf of respondents No.1 and 2. In view of nature of order being passed hereinafter neither reply is required to be called from respondents No.1 and 2, nor notice is required to be issued to respondent No.3. With consent of learned counsel for the parties, matter is heard at this stage. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 2. Petitioner is serving as Lecturer (Chemistry) at GSSS Amarpur, District Bilaspur, H.P. Under office order dated 03.05.2025, he has been transferred to GSSS Kotbeja, District Solan, H.P. Petitioner feels aggrieved against the aforesaid transfer order. 3. Learned counsel for the petitioner submits that petitioner was posted at the present place of posting in September 2022. He has not as yet completed his normal tenure. Petitioner’s wife is posted as TGT(Arts) at GMS Harinagar, District Shimla, H.P. since 2021. Petitioner is also entitled to concession available to the couples under Clause 5.4 of the applicable Transfer Policy of the respondent-State. Petitioner’s mother is aged and suffering from old age ailments. She is confined to the bed at the native place of the petitioner. 4. It is seen from the impugned order that respondent had considered stay of the petitioner at his present place of posting by clubbing his previous stay within the radius of 30 K.M. At this stage, learned counsel for the petitioner submits that respondent No.3 has joined at the place of posting of the petitioner. - 3 - Learned counsel for the petitioner further submits that petitioner would be satisfied in case he is permitted to make a fresh representation to respondent No.2/Competent Authority, highlighting his adverse family circumstances as also the factum of posting of his wife, for his suitable adjustment, whereafter, the competent authority be directed to consider the aforesaid representation to be preferred by the petitioner within a time bound schedule. Learned Additional Advocate General has no objection for the same. 5. Having regard to the above submissions, this writ petition is disposed of by permitting the petitioner to prefer a fresh representation to respondent No.2/Competent Authority for his suitable adjustment. In case such a representation so made within three days, the same shall be considered and decided by the Competent Authority, in accordance with law and as per applicable transfer policy, within a week thereafter. The decision so taken be also communicated to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge May 8, 2025 R.Atal