IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9169 of 2025 Date of Decision: 2.6.2025 _____________________________________________________________________ Hardyal Singh ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Sanjeev Kumar Motta, Advocate. For the respondent: 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. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecturer (Political Science) at Government Senior Secondary School Loharghat, District Solan, Himachal Pradesh, is aggrieved of order dated 9.5.2025 (Annexure P-4), whereby representation having been filed by the petitioner in terms of order dated 3.4.2025 passed by this Court in CWP No. 4901 of 2025, titled Hardyal Singh v. State of Himachal Pradesh, has been rejected. 2. By way of afore Civil Writ Petition, petitioner approached this Court under Article 226 of the Constitution of India, seeking therein direction to the respondents to consider and decide his pending representation, whereby he prayed for his transfer from present place of posting to one of the stations as detailed in the 2 representation on account of his having completed normal tenure of posting as well as adverse family circumstances. Petitioner averred in the petition that he has been working as Lecturer (Political Science) at present place of posting since 19.4.2021, as such, he has completed almost four years at present place of posting. He also averred in the petition that since his mother is not well and there is none to take care of her, he may be transferred to some convenient station, enabling him to take proper care of his mother. 3. Having taken note of the facts coupled with the fact that petitioner has already completed normal tenure of posting, this court disposed of the aforesaid writ petition with direction to the respondents to consider and decide representation within four weeks. In the aforesaid background, petitioner filed representation, which came to be disposed of vide impugned order dated 9.5.2025. 4. Having perused aforesaid order, this court is persuaded to agree with learned counsel for the petitioner that same is not inconformity with the mandate contained in the judgment/order dated 3.4.2025, passed by this Court in afore writ petition, which nowhere suggests that opportunity of hearing was ever given to the petitioner, rather authority concerned taking note of the pleadings as well as other material adduced on record straightaway rejected the claim of the petitioner on the ground that Rule 12.1 clearly provides that no government employee can claim his transfer or posting as a matter of 3 right, rather it is discretion of the State Government to transfer/post an employee anywhere in the State keeping in view the administrative exigencies/convenience. 5. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that since petitioner has already completed normal tenure at present place of posting coupled with the fact that his mother is unwell, he could not have been denied posting at Amarpur where admittedly one post of Lecturer (Political Science) was lying vacant, especially on the ground that he has already remain posted in soft area. Learned counsel for the petitioner invited attention of this Court to various orders placed on record suggestive of the fact that day in and day out, respondents are passing transfer orders of the teachers against vacant posts or on mutual basis, if it is so, there appears to be no justification to deny such relief to the petitioner, who admittedly, on account of illness of his mother is required to stay near to his native place so that he is able to take care of his mother in the fag end of her life. 6. 6. Consequently, in view of the above, present petition is allowed and impugned order dated 9.5.2025 is quashed and set-aside with direction to the respondents to consider the prayer of the petitioner afresh for posting at GSSS Amarpur Bilaspur or GSSS Dasgaon, District Bilaspur, Himachal Pradesh against a vacant post 4 expeditiously, preferably, within two weeks. In afore regard, petitioner shall submit fresh representation within two days enabling the respondents to consider prayer made by him afresh taking note of the observations made herein above. 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 thereafter. Present Petition is disposed of in the aforesaid terms alongwith pending applications, if any. June 2, 2025 (Sandeep Sharma), Manjit Judge