IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9069 of 2025 Date of Decision: 30.05.2025 _____________________________________________________________________ Sanjay 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. Sat Prakash, Advocate. 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 TGT (NM) at Government Senior Secondary School Banikhet, District Chamba, Himachal Pradesh, is aggrieved of impugned transfer order dated 05.05.2025 (Annexure P-2), whereby he has been transferred from afore station to GHS Kiyoo, District Shimla, against vacant post. 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 since petitioner has already served in sub cadre/hard area, he could not be transferred again to sub cadre/hard area. While making this Court peruse communication dated 03.10.2016, whereby sub cadre/hard area has been defined (Annexure P-1), learned counsel for the petitioner states that GHS Kiyoo, District Shimla, falls in sub cadre area and as such, per Condition No. 1 of note appended below impugned transfer order, petitioner, who has already served sub cadre/hard area, could not be relieved for joining at the transferred station. 3. Careful perusal of averments contained in the petition, which are duly supported by an affidavit, reveals that prior to petitioners posting at Government Senior Secondary School Banikhet, District Chamba, he has served in Government High School Jhajja Kothi and Government High School Pajja, District Chamba, which are sub cadre/hard area. 4. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General, who, while accepting notice on behalf of the respondents, states that though petitioner has already completed normal tenure of posting at present place of posting, but since he has already filed representation, stating therein that he has already served sub cadre/hard area, petition can be disposed with a direction to the respondents to consider and decide the representation of the petitioner in a time bound manner. 2 5. Consequently, in view of the above, present petition is disposed of reserving liberty to the petitioner to file representation to the competent authority, detailing therein facts, as have been brought to this Court through instant petition, which shall be decided by the competent authority expeditiously, preferably within a period of ten days. 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 condition No. 1 appended below impugned transfer order as well as communication dated 03.10.2016 (Annexure P-1), which suggests that Government High School Kiyoo, District Shimla falls under sub cadre area. Since this Court is convinced and satisfied that after having seen the averments contained in the petition, petitioner has already served in sub cadre/hard area, coupled with the fact that as per Condition No. 1 of the note appended below impugned transfer order, a person, who has already served sub cadre/hard area shall, not be relieved in terms of impugned transfer order, this Court deems it fit to order till the time representation, if any, filed by the petitioner is not decided by the competent authority, impugned transfer order qua petitioner shall kept in abeyance. Pending applications, if any, stand disposed of. May 30, 2025 (Sandeep Sharma), (sunil) Judge 3