IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9167 of 2025 Date of Decision:02.06.2025 _______________________________________________________ Natho Ram …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Archna Dutt, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar 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 Shastri, in Government Senior Secondary School, Kaded, Tehsil and District Chamba, Himachal Pradesh, is aggrieved of impugned transfer order dated 28.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Government Senior Secondary School Sahla, District Chamba, Himachal Pradesh vice Smt. Hiteshwari (Shastri), who had approached this Court by way of CWP No. 4151 of 2025, titled Hiteshwari vs. State of Himachal Pradesh, seeking therein direction to the respondents to consider her request for transfer on the ground of couple case. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. It is averred in the petition that since petitioner has already completed normal tenure of posting in hard/tribal area, he could not have been transferred to Government Senior Secondary School Sahla, District Chamba on account of the fact that petitioner has already served in hard/tribal area. Though, on account of his having completed normal tenure of posting, petitioner is not opposed to his transfer, but he states that since he has already served in hard area for more than three years, he is entitled to be posted at one of the stations of his choice. 3. Careful perusal of impugned transfer order dated 28.05.2025 (Annexure P-1), issued under the signatures of Director Elementary Education, Himachal Pradesh, reveals that transfer of the petitioner came to be effected on account of representation filed by Smt. Hiteshwari, who sought transfer from Government Senior Secondary School, Sahla District Chamba to one of the station of her choice on ground of couple case. This Court, while relegating petitioner, named hereinabove, to the respondents by way of representation, directed the respondents to decide the pending representation of Smt. Hiteshwari expeditiously. 4. Pursuant to aforesaid direction, Director Education has passed impugned transfer order dated 28.05.2025 (Annexure P-1), thereby adjusting Smt. Hiteshwari in Government Senior Secondary 3 School Kaded in place of the petitioner. Though, petitioner does not have any objection to his transfer, but his sole ground is that since he has already served in Government Senior Secondary School Kaded, which is a hard /Tribal area, he could not be transferred to hard/tribal area again i.e. Government Senior Secondary School Sahla. 5. Learned Additional Advocate General, while fairly admitting that an employee after his having served in hard/tribal area, cannot be posted in tribal area, states that representation, if any, filed by the petitioner, seeking transfer on the ground, as detailed hereinabove, shall be considered in accordance with law. 6. Consequently, in view of the above, present petition is disposed of, reserving liberty to the petitioner to file representation to the competent authority within a period two days seeking his transfer from Government Senior Secondary School Kaded to one of the stations of his choice as may be detailed in the representation, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon, taking note of the transfer policy formulated by Government of Himachal Pradesh. Till the time representation, if any, filed by the petitioner within a period of two 4 days is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge June 02,2025 (shankar)