IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8511 of 2025 Date of Decision: 22.05.2025 _____________________________________________________________________ Latesh Thakur ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vikas Rathore, Advocate. 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 TGT (NM) in Government Senior Secondary School Baryara, Tehsil Koti, District Mandi, Himachal Pradesh, is aggrieved of impugned transfer order dated 07.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Government Model School Solang, u/c Government Senior Secondary School Baggi (K), District Mandi, Himachal Pradesh, vice Mr. Netar Chand, respondent No. 4. 2. Though it has been fairly admitted by the Learned counsel for the petitioner that petitioner has already completed normal tenure of posting at present place of posting, but on instructions, he states that on account of adverse family circumstances, it would be harsh for the petitioner to join at transferred station, which is at a distance of 45 Kms from present place of posting. Mr. Vikas Rathore, learned counsel for the petitioner, states that since Government Model School Solang is not connected to the road, petitioner herein in the event of transfer shall be compelled to walk 4 Kms on foot. Besides above, it has also been averred in the petition that since husband of the petitioner is serving in the Education Department and at present is posted at Government Senior Secondary School Parwara, Mandi, Himachal Pradesh, there would be none to take care of her son, who at present is studying in Class-10 in Mandi town. 3. 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. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, learned Deputy Advocate General, fairly states that since petitioner has already completed normal tenure of posting at present place of posting, no illegality can be said to have been committed by the respondents, while passing impugned transfer order. He also refuted the claim of the petitioner that Government Model School Solang is not connected to the road. Having taken note of the fact that 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 2 note of the fact that husband of the petitioner is posted in Government Senior Secondary School Parwara, District Mandi, Himachal Pradesh, which is at a distance of 70 Kms from Mandi, coupled with the fact that son of the petitioner is studying in Class-10 in Mandi town and there is none to take care of him, this Court without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the representation of the petitioner (Annexure P-2) expeditiously, preferably within a period of ten days from today. 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 certainly enables an employee to seek transfer/adjustment at a convenient station on account of adverse family circumstances. Since husband of the petitioner is posted in far flung area and her son is also studying in Class-10 in Mandi town, this Court hopes and trusts that respondents, while doing the needful in terms of instant order, shall made an endeavour to post petitioner at a convenient station so that her family does not get disturbed. Till the time, representation, as detailed hereinabove, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms 3 of impugned transfer order. Pending applications, if any, stand disposed of. May 22, 2025 (Sandeep Sharma), (sunil) Judge 4