IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8581 of 2025 Date of Decision: 23.5.2025 _____________________________________________________________________ Ashwani ……...Petitioner Versus State of Himachal Pradesh …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sanjeev Kumar Motta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who, at present, is working as TGT (Non- Medical) at GSSS Kuddu, Education Block Jubbal, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his representation (Annexure P-1), in a time bound manner, whereby he has prayed for transfer from aforesaid station to one of the stations as mentioned in the representation 2. It is averred in the petition that petitioner has been working in rural area for more than three years and on account of adverse family circumstances, he is required to be transferred to one - 2 - of the stations of his choice so that he is able to take care of his ailing parents. 3. While putting in appearance on behalf of the respondents, Mr. B.C. Verma, learned Additional Advocate General states that petitioner has been posted at present place of posting from September 2024 and it cannot be said that he has completed normal tenure of posting in the afore area. He further states that otherwise also, mere completion of normal tenure of an employee at one station cannot be ground to seek transfer to other station, rather as per transfer policy, normal tenure of posting is three years, meaning thereby, if required, an employee can be made to work at one station for more than three years also. 4. Having carefully perused averments contained in the petition as well as office order dated 6.9.2024, issued by the office of Director (Elementary Education), this court finds that prior to his posting at GSSS Kuddu,, petitioner was working at GMS Jharashli Education Block, Jubbal, but since afore school came to be merged with GSSS Kuddu, in September 2024, he came to be shifted to afore school, but fact remains that he is working in Education Block Jubbal, for more than three years. Once transfer policy enables an employee to seek transfer on account of adverse family circumstances coupled with the fact that petitioner has completed normal tenure at present place of posting, this Court sees no impediment in directing the - 3 - respondents to consider and decide pending representation of the petitioner expeditiously. 5. Consequently, in view of the above, present petition is disposed of with a direction to the respondents to decide the pending representation (Annexure P-1) expeditiously, preferably, within three weeks. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order, taking note of transfer policy, which provides for cancelation/adjustment of an employee on account of adverse family circumstances. Pending applications, if any, also stand disposed of. May 23, 2025 (Sandeep Sharma), (manjit) Judge