2025:HHC:13774 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7861 of 2025 Date of Decision: 13.05.2025 _____________________________________________________________________ Kheto Ram ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sat Prakash, 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 Beldar at Jal Shakti Vibhag, Sub Division Koti Division Tissa, District Chamba, Himachal Pradesh, is aggrieved of impugned transfer order dated 05.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Jal Shakti Vibhag section Kalhel Sub Division Tissa under Division Tissa without TTA/IT in public interest. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel representing the petitioner is that impugned transfer order is in violation of the transfer policy, which specifically provides that the transfer of Class-IV employees shall be carried out in a fair, transparent and impartial manner to avoid undue hardship and resultant litigation. He submitted that though there was no requirement for transfer of the petitioner, but with mala fide intent, petitioner has been transferred that too without there being any posting order indicating the availability of a vacancy at the place he has been directed to join. 3. While putting in appearance on behalf of respondents- State, Mr. Ravi Chauhan, learned Deputy Advocate General, states that petitioner has been transferred at a distance of 15 Kms and as such, it cannot be said that prejudice shall be caused to him, rather he has been sent within the same division but at a distance of 15 Kms. He further submitted that for the last 13 years, petitioner remained posted at present place of posting. 4. Having taken note of the fact that petitioner is posted at present place of posting for more than 13 years, coupled with the fact that he has been transferred at a distance of 15 Kms, this Court sees no reason to interfere with the impugned transfer order, but having taken note of adverse family circumstances as came to be apprised to this Court during proceedings of the case, this Court deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation to the competent authority, praying therein for his adjustment at a convenient station, which in turn shall be decided 2 within a period of one week. 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 notification dated 06.04.2018, wherein it has been specifically provided that transfer of Class-IV employee shall be ordered in a fair, transparent and impartial manner so that no hardship is caused to him. 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 13, 2025 (Sandeep Sharma), (sunil) Judge 3