IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8611 of 2025 Date of Decision: 4.6.2025 _____________________________________________________________________ Prem Raj ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Saurabh Ahluwalia and Ms. Kirti Singh Thakur, Advocates. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for respondent No.1. Mr. Kul Bhushan Khajuria, Advocate, for respondent No.3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecturer in Government Senior Secondary School Karyuni, Tehsil Pangi, District Chamba, Himachal Pradesh, is aggrieved of order dated 19.5.2025 (Annexure P-2), whereby he has been transferred from aforesaid school to Government Senior Secondary School Guwan, Chamba. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Kirti Thakur, learned counsel for the petitioner, is that impugned transfer order - 2 - being in violation of transfer policy is not sustainable. He states that petitioner has completed normal tenure at present place of posting and as such, he could not have been transferred vide order dated 23.5.2025. This Court having taken note of the fact that petitioner herein has been transferred within one month of his transfer to present place of posting coupled with the fact that such transfer was effected on the basis of DO Note, stayed the operation of the impugned order and directed the learned Additional Advocate General to have instructions. 3. Pursuant to afore order, reply has been filed by respondent No.3, wherein it has been stated that at the time of passing of order dated 23.5.2025, material fact with regard to joining given by respondent No.3 pursuant to impugned transfer order was concealed. Mr. Kul Bhushan Khajuria, learned counsel for respondent No.3 submits that petitioner has already completed more than three years at present place of posting and by way of impugned transfer order, he has been transferred to a school, which is at a distance of 25 kms from the present place of posting. 4. Though respondent-State has not filed reply, but learned Additional Advocate General, on instructions, submitted that petitioner herein has been managing his transfer and serving within 20 kms since 2014. He submitted that petitioner was adjusted at present place of posting vide order dated 24.4.2025 on mutual basis - 3 - but as soon as he completed normal tenure at present place of posting at GSSS Dharwas, he managed his transfer to GSSS Karyuni within the radius of 20 kms. He further submitted that since petitioner himself has been beneficiary of DO note in past, he is estopped form raising the issue of DO note. 5. Having heard learned counsel for the parties and perused the material available on record, this Court finds that though petitioner has not completed normal tenure at present place of posting, but certainly in past, he remained posted within the radius of 20kms of present place of posting for long period and as such, there appears to be no justification to accept the submission made by the petitioner that his transfer has been effected on the basis of DO Note. Moreover, there is no specific denial on the part of the petitioner that in past he has been also beneficiary of DO note on the basis of which his transfer was effected in past. 6. Though this court is not inclined to interfere in the impugned transfer order, however having taken note of the fact that petitioner herein has already served hard/tribal area for considerable time, this Court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation within three days to the competent authority, praying therein for cancellation/adjustment at a convenient station. Ordered accordingly. The representation so filed shall be decided by the competent authority - 4 - within ten days. 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 thereupon taking note of transfer policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/adjustment in soft area or station of his/her choice after his having served hard area. Till the time representation is decided by the competent authority, petitioner shall not be compelled to join at the transferred station, whereas respondent No.3, who pursuant to impugned transfer order has already joined at GSS Karyuni, shall continue to render his service in the afore school pursuant to his joining on 20.3.2025. Pending applications, if any, also stand disposed of. June 4, 2025 (Sandeep Sharma), (manjit) Judge