IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8303 of 2025 Date of Decision: 23.05.2025 __________________________________________________________ Meenakshi Chandel …….Petitioner Versus State of H.P. and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Kush Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Lecturer (Biology) at Government Senior Secondary School (Boys), Ghumarwin, Bilaspur, is aggrieved of impugned transfer order dated 16.05.2025, whereby she has been transferred from aforesaid station to Government Senior Secondary School, Bhakra, Bilaspur. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Kush Sharma, learned counsel representing the petitioner is that impugned transfer order of the petitioner is in violation of the transfer policy, because she has not been permitted to complete normal tenure of posting at present place of posting. Averments contained in the petition, which is duly supported by way of affidavit, reveals that petitioner herein was initially appointed as TGT on regular basis on 29.08.1998 and was given posting 1Whether the reporters of the local papers may be allowed to see the judgment? 2 at Government Senior Secondary School, Gehrwin, Bilaspur. As per own case of the petitioner, she remained posted in District Bilaspur for majority of time. Though petitioner on certain occasions served at various stations and was posted at District Mandi and Hamirpur, but in the year 2020, she was transferred from Government Senior Secondary School, Trifalghat, District Mandi to Government Senior Secondary School, Dangar, District Bilaspur. 3. On 05.12.2023, petitioner met with an accident, but yet she was transferred from Government Senior Secondary School, Dangar, District Bilaspur to Government Senior Secondary School, Talyana, allegedly on the basis of D.O. note vide transfer order dated 11.03.2024. Being aggrieved and dissatisfied with the aforesaid transfer order, petitioner herein filed CWP No.2089 of 2024 before this Court, which came to be disposed of vide order dated 16.03.2024 (Annexure P-1) with the directions to respondents to decide representation of the petitioner sympathetically, taking into consideration her physical condition. In compliance to aforesaid order passed by this Court, respondent No.2 issued transfer order dated 17.03.2024, thereby posting petitioner at Government Senior Secondary School (Boys), Ghumarwin vice Mr. Arvind Kumar (Annexure P-2). Besides passing aforesaid order dated 17.03.2024, respondent No.2 issued another order dated 20.03.2024, whereby person namely Arvind Kumar, who was under transfer from Government Senior Secondary School (Boys), Ghumarwin, Bilaspur to 3 Government Senior Secondary School, Talyana, was retained at the same station i.e. Government Senior Secondary School (Boys), Ghumarwin, Bilaspur and petitioner was also permitted to submit her joining at Government Senior Secondary School (Boys), Ghumarwin, Bilaspur, with her salary lien at Government Senior Secondary School, Talyana, District Bilaspur, against vacant post till further orders. Pursuant to aforesaid order, petitioner kept on working at Government Senior Secondary School, Talyana. 4. Being aggrieved and dissatisfied with the aforesaid order, petitioner again filed writ petition bearing CWP No.6253 of 2024, which came to be disposed of vide order dated 17.07.2024 (Annexure P-4) in terms of instructions dated 16.05.2024, whereby petitioner was allowed to work at Government Senior Secondary School (Boys), Ghumarwin, Bilaspur. Now again, vide impugned transfer order, petitioner has been ordered to be transferred from Government Senior Secondary School (Boys), Ghumarwin, Bilaspur to Government Senior Secondary School, Bhakra, Bilaspur, which is approximately 76 kilometers away from the present place of posting. 5. Having taken note of the pleadings as well as order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that bare perusal of averments contained in the petition 4 itself suggests that petitioner remained posted in District Bilaspur for majority of time and as such, it cannot be said that she was not permitted to complete her normal tenure of posting at present station. Mr. Kahol submitted that taking note of the physical condition of the petitioner, she was repeatedly permitted to work at convenient station, despite her transfer from Government Senior Secondary School, Dangar to Government Senior Secondary School, Talyana. He submitted that accident of the petitioner unfortunately occurred on 05.12.2023 and thereafter she kept on discharging her duties and as such, it cannot be said that on account of injury, if any, suffered by her, she is unable to join the transferred station, which otherwise falls within the District Bilaspur. 6. Having taken note of the fact that petitioner throughout remained posted in District Bilaspur, coupled with the fact that repeatedly, respondents, taking note of physical condition of the petitioner, permitted her to perform duties at a station convenient to her i.e. Talyana, Bilaspur, this Court is not persuaded to accept the submission of learned counsel representing the petitioner that impugned transfer order has been passed in complete violation of transfer policy, however, having taken note of the fact that on account of injuries suffered by the petitioner in accident on 05.12.2023, she is still unable to walk properly, 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 her adjustment 5 at a convenient station, 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 the instant order shall afford an opportunity of hearing to the petitioner and pass appropriate order thereupon taking note of transfer policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek adjustment at a station convenient to him or her, on account of medical emergency. Till the time, representation, if filed within one week, is not decided by the competent authority, in terms of instant order, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge May 23, 2025 (Rajeev Raturi)