IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8947 of 2025 Date of Decision: 29.05.2025 _____________________________________________________________________ Rajeev Kumar ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. K.S.Gill & Mr. Pankaj Mehta, Advocates. For the respondents: Mr. Anup Rattan, Advocate General, 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 Drawing Master at Government Senior Secondary School Majholi Tipper, District Shimla, Himachal Pradesh, is aggrieved of impugned transfer order dated 22.05.2025 (Annexure P-2), whereby he has been transferred from afore station to Government Senior Secondary School Kalbog, District Shimla, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel representing the petitioner is that impugned transfer order is in violation of the Transfer Policy, as the petitioner has not completed the normal tenure of posting at present place of posting. 3. It has been averred in the petition, which is duly supported by an affidavit that petitioner has remained posted at present place of posting for two years and one month. Besides above, it has also been averred in the petition that petitioner has been singled out for transfer, as the impugned transfer order clearly reveals that no one is being posted in his place. 4. While putting in appearance on behalf of respondents, Mr. B.C.Verma, learned Additional Advocate General, states that though at present place petitioner has remained posted for two years and one month, but careful perusal of (Annexure P-1) clearly reveals that prior to his transfer from afore station, he was posted at Government Senior Secondary School Khamadi, which falls in Nankhari, meaning thereby, petitioner has been serving within a radius of 10 Kms for more than five years. If it is so, no illegality can be said to have been committed by the respondents, while passing impugned transfer order. 5. Having taken note of the fact that petitioner has remained posted in the vicinity of present place of posting for more than five years, there appears to be no justification to interfere with the impugned transfer order and as such, same is upheld. However, having taken note of adverse family circumstances, as has been mentioned in the representation filed by the petitioner for cancellation of transfer or adjustment at a convenient station, this Court without 2 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-3) 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. In case the petitioner has been relieved, but no one has joined in his place at Government Senior Secondary School Majholi Tipper, District Shimla, Himachal Pradesh, he shall be allowed to perform his duties at afore place and his further posting shall abide by the outcome of the representation. Pending applications, if any, stand disposed of. May 29, 2025 (Sandeep Sharma), (sunil) Judge 3