IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7739 of 2025 Date of Decision: 09.05.2025 _____________________________________________________________________ Ranbir Singh ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Naresh Kaul, 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 TGT (Arts) at GMS Lambri u/c GSSS Patlander, Hamirpur, is aggrieved of impugned transfer order dated 05.05.2025 (Annexure P-6), whereby he has been transferred from afore station to GHS Fancha, Shimla. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Naresh Kaul, learned counsel representing the petitioner, is that since petitioner had rendered services in hard area w.e.f 2014 to 2017 at GMS Kalhog under/c GSSS Barot, District Mandi, Himachal Pradesh, which falls under Chuhar valley, he could not have been transferred again to hard area i.e. GHS Fancha (SML). While making this Court peruse notification dated dated 03.10.2016 (Annexure P-2), Mr. Kaul states that both the stations, as detailed hereinabove, have been identified as difficult/sub cadre/hard areas. He states that in terms of transfer policy, person, after his having served in difficult/sub cadre/ hard area, is required to be posted to one of the stations of his choice. He submitted that though on account of his having served in difficult/sub cadre/ hard area i.e. Kalhog, petitioner was given station of choice, but now once again vide impugned transfer order, he has been posted at difficult/sub cadre hard area, which is not permissible. 3. While putting in appearance on behalf of the respondents, Mr. Ravi Chauhan, learned Deputy Advocate General, vehemently argued that since petitioner has already completed normal tenure at present place of posting, coupled with the fact that place called Kalhog does not fall under Chuhar valley as has been claimed by the petitioner, prayer has been made on behalf of petitioner deserves to be rejected. 4. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents. Since petitioner has already completed normal tenure of posting at present place of posting, this Court sees no reason to interfere in the impugned transfer order and as such, same is upheld. However, having taken note of the averments 2 contained in the petition, wherein it has been claimed that petitioner has already served in hard area once in his service career, 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 within a period of one week, praying therein for cancellation of transfer/adjustment at one of the stations of his choice on account of his having rendered service in Chuhar valley somewhere in the year 2014 to 2017, which in turn shall be decided by the competent authority within a period of one week. 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, which enables an employee to seek transfer to one of the stations of his choice on account of his/her having served in hard area once in his service career. Factum with regard to disability, if any, of the petitioner shall also taken note by the respondents, while considering the representation. 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. May 09, 2025 (Sandeep Sharma), (sunil) Judge 3