IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8735 of 2025 Date of Decision:26.05.2025 _______________________________________________________ Permod Kumar …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Onkar Jairath, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Arts) in Government Senior Secondary School, Dadahu, District Sirmour, Himachal Pradesh, is aggrieved of order dated 20.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Government Senior Secondary School Ludhiana, District Sirmour, Himachal Pradesh. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that though petitioner has already served twice in hard area, but yet again he has been transferred to hard area. While 1Whether the reporters of the local papers may be allowed to see the judgment? 2 referring to condition No.2 of the note given below the impugned transfer order, learned counsel for the petitioner states that as per transfer order, person, who has already served in sub-Cadre/ hard/ tribal/ difficult area, cannot be relieved. 3. While putting in appearance on behalf of the respondents, Mr. Rajan Kahol, learned Additional Advocate General, states that though it is yet to be verified whether petitioner has already served in hard/tribal area, but even if it is presumed that he has already served hard/tribal area twice, coupled with the fact that as per the statement given by learned counsel for the petitioner that petitioner has been relieved, present petition being premature deserve to be dismissed. 4. To rebut aforesaid submission made by learned Additional Advocate General, learned counsel for the petitioner vehemently argued that once impugned transfer order has been issued, thereby transferring petitioner from present place of posting to Government Senior Secondary School Ludhiana, District Sirmour, Himachal Pradesh, which is a hard area, it cannot be said that present petition is pre-mature, rather in that situation, only remedy to the petitioner is/was to approach this Court in the instant proceedings. 5. Averments contained in the petition, which is duly supported by an affidavit, if perused in its entirety, clearly reveals that 3 prior to posting of the petitioner at Government Senior Secondary School, Ludhiana, District Sirmour, Himachal Pradesh, which is a hard area, petitioner has already served hard area for more than eight years. If it is so, he cannot be permitted to be transferred in terms of impugned transfer order, which itself suggests that in case person ordered to be transferred by way of impugned transfer order, who has already served in hard area, shall not be relieved. 6. Consequently in view of the above, this Court without going into the merits of the case, deems it fit to dispose of the present petition with the direction to the Principal of school concerned to consider and decide the representation of the petitioner, wherein he specifically given details with regard to his previous posting in hard area. If afore authority satisfy that petitioner has already served in hard area, he shall be allowed to continue in the same school and impugned transfer order qua petitioner shall be deemed to have been quashed. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge May 26, 2025 (shankar)