IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8815 of 2025 Date of Decision: 27.5.2025 _____________________________________________________________________ Atma Ram ……...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. Gambhir Singh Chauhan and Mr. Ganesh Barowalia, Advocates. 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) 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 vide transfer order dated 28.4.2025, stands transferred from GPS Bag Chachrara Education Block Shillai, District Sirmaur, Himachal Pradesh to GPS Adawla Education Block Kaffota, District Sirmaur, Himachal Pradesh, but since reliever i.e. Mr. Suresh Kumar, has not joined till date, petitioner herein has not been relieved. 2. It is averred in the petition that petitioner has been working in the hard area for more than nine years, but yet on one - 2 - pretext or the other, he is not being transferred from hard area to soft area. Though by way of aforesaid impugned order, petitioner has been transferred from present place of posting to soft area, but with a condition that he shall not be relieved till the joining of his substitute. 3. Since transfer policy enables an employee to seek transfer from hard area to soft area after completion of normal tenure of posting, no condition, if any, can be imposed with regard to substitute, rather on account of transfer, if any, of the employee concerned, arrangements are to be made by the government to provide a substitute. 4. Clause 13.1 of the office memorandum dated 10.7.2013 (Annexure P-4), clearly reveals that it shall be mandatory and responsibility of the Appointing Authority or the Controlling Authority as the case may be, to relieve the employees transferred, to tribal/difficult/hard areas, within seven days from the date of issuance of such order. 5. Interestingly in the case at hand, person namely Suresh Kumar, JBT, who has been transferred from GPS Leu Kuffer Education Block Rajgarh to GPS Bagh Chachrera, Education Block Shillai, District Sirmaur, Himachal Pradesh, has not joined till date, as a result thereof, petitioner despite there being transfer from afore area to soft area, is unable to join at the transferred station. - 3 - 6. Having regard to the nature of prayer and order proposed to be passed, there is no requirement to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan states that clause 13.1 of the office memorandum pressed into service by the petitioner, is not applicable in the case of the petitioner because it states that appointing/controlling authority may relieve the employees transferred to tribal area within seven days from the date of issuance of orders, but certainly, there is no provision to relieve an employee from hard/tribal area within the specified time, enabling him to join in soft area or one of the stations of choice, however, this Court is not impressed with the aforesaid submission of learned Deputy Advocate General. 7. At this stage, it would be apt to take note of clause 13.1 of the office memorandum, which reads as under: “13.1 it shall be mandatory and responsibility of the Appointing Authority or the Controlling Authority, as the case may be, to relieve the employees transferred to Tribal/Difficult/Hard areas within a period of seven days from the date of issue of orders” 8. True, it is that it is mandatory for appointing authority to relieve the employees transferred to tribal area within seven days from the date of issue of order, but very purpose and object of this provision is to ensure that person transferred to tribal/difficult/hard area is made to join the station at the earliest so that employee, who has - 4 - already completed normal tenure of posting in hard/tribal area is relieved forthwith. 9. In the case at hand, bare perusal of impugned transfer order dated 28.4.2025 (Annexure P-2) clearly reveals that person namely Suresh Kumar (JBT) has been transferred from GPS Leu Kuffer Education Block Rajgarh to GPS Bagh Chachrera Education Block Shillai, from where petitioner has been transferred to GPS Adawla, Education Block Kaffota. More than one month has passed after passing of the impugned transfer order, but till date Appointing Authority has not been able to relieve Suresh Kumar private respondent. In terms of clause 13.1 of the office memorandum, aforesaid person should have been relieved within one week so as to enable the petitioner to join at the transferred station at the earliest. 10. Consequently, in view of the above, this court finds merit in the present petition and accordingly, same is allowed with a direction to the respondents to ensure that person namely Suresh Kumar (JBT) under transfer from GPS Leu Kuffer Education Block Rajgarh to GPS Bagh Chachrera Education Block Shillai is relieved forthwith with further direction to join at the transferred station relieving the petitioner herein. In case needful is not done within seven days, person namely Suresh Kumar shall be deemed to have been relieved and thereafter, petitioner without waiting for substitute - 5 - shall join at the transferred station. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. May 27, 2025 (Sandeep Sharma), (manjit) Judge