IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8493 of 2025 Date of Decision: 22.05.2025 _____________________________________________________________________ Ram 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. Onkar Jairath & Mr. Anshul Jairath, Advocates. For the respondents: 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 Drawing Master at Government Senior Secondary School Sach, Tehsil Pangi, District Chamba, Himachal Pradesh, is aggrieved of impugned transfer order dated 17.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Government Senior Secondary School Sural, Tehsil Pangi, District Chamba, Himachal Pradesh, vice Mr. Tek Chand, respondent No. 3. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Onkar Jairath, learned counsel representing the petitioner, is that though at no stage, petitioner herein ever requested for transfer from present place of posting to Government Senior Secondary School Sural, Tehsil Pangi, District Chamba, Himachal Pradesh, but yet impugned transfer order reflects that same has been issued on the basis of request made by the petitioner. Besides above, it has been averred in the petition and argued by learned counsel for the petitioner that since petitioner has already served in hard/tribal area for more than five years, there was no occasion for the respondents to transfer him to hard/tribal area again. 3. While making this Court peruse certain documents as well as photographs adduced on record by the petitioner, Mr. Jairath, also submitted that since petitioner is suffering from serious heart ailment, it would not be in the interest of justice to send him to Government Senior Secondary School Sural, Tehsil Pangi, District Chamba, Himachal Pradesh, which is at a distance of 50 Kms from the present place of posting. 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, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, learned Additional Advocate General, fairly states that since petitioner has already completed normal tenure of posting at present place of posting, he cannot have any grouse with regard to his transfer from present place of posting to other station. He states that since it is not in dispute that petitioner is a resident of Pangi and has remained 2 posted in that District throughout, no prejudice otherwise can be said to have been caused to him on account of his transfer to Government Senior Secondary School Sural, Tehsil Pangi, District Chamba, Himachal Pradesh. He also disputed submission made on behalf of the petitioner that petitioner never made any representation for his transfer. 5. Having heard learned counsel for the parties and perused material available on record, this Court finds that petitioner herein has been working as Drawing Master in Government Senior Secondary School Sach, Tehsil Pangi, District Chamba, Himachal Pradesh, for more than five years. If it is so, no illegality can be said to have been committed by the respondents by transferring petitioner from present place of posting. However, there appears to be merit in the contention of the Mr. Onkar Jairath, learned counsel for the petitioner, that since petitioner has already served for more than five years in hard/tribal area, he could not have been transferred to tribal/hard area again, rather in terms of Transfer Policy, he ought to have been transferred to soft area or station of his choice. 6. Though documents/photographs, suggestive of the fact that petitioner has undergone heart surgery, have been placed on record, but that may not be of much help to the petitioner for the reason that by way of instant petition, he is seeking cancellation of his transfer, meaning thereby, he wants to stay back at Government 3 Senior Secondary School Sach, Tehsil Pangi, District Chamba, Himachal Pradesh, whereas this court can always take note of the fact that no adequate medical facilities, especially with regard to heart ailment are available. Transfer Policy formulated by the Government of Himachal Pradesh if perused in its entirety, certainly enables an employee serving in a hard/tribal area to seek transfer from such an area after his/her having served there for more than three years, i.e., two winters and three summers. If it so so, petitioner, who has already served in hard/tribal area, he could not have been transferred to tribal/hard area again. 7. Consequently, in view of above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned transfer order dated 17.05.2025 (Annexure P-1) is quashed, but reserving liberty for the respondents to transfer the petitioner from the present place of posting to one of the stations of his choice, in accordance with the Transfer Policy and to enable the respondents to comply with the aforesaid direction, petitioner shall file representation within a period of one week, which in turn shall be decided by the competent authority expeditiously, preferably within one week, in terms of the Transfer Policy. Pending applications, if any, stand disposed of. May 22, 2025 (Sandeep Sharma), (sunil) Judge 4