IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9337 of 2025 Date of Decision: 5.6.2025 _____________________________________________________________________ Arbind Thakur ……...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. Ashok Kumar and Mr. Amar Dev Sharma, 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) Petitioner herein, who at present is working as Lecturer (Commerce) in GSSS (Boys) Pragpur, Kangra, Himachal Pradesh, is aggrieved of order dated 21.5.2025 (Annexure P-1), whereby he has been transferred from aforesaid station to GSSS Dalash, Kullu. 2. Though petitioner has completed normal tenure at present place of posting, but challenge has been laid to transfer order on the grounds that; i) Petitioner is 40% disabled; ii) Petitioner could have been adjusted at a convenient station on the ground of couple case as his wife is working as Lecturer (History) in Government Senior - 2 - Secondary School (Girl) Garli Kangra, Himachal Pradesh; iii) Mother of the petitioner is suffering from serious ailments and; iv) Impugned transfer order has been passed on the basis of DO note issued by former MLA of the Legislative Assembly. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that since petitioner has been working within the radius of 20 kms from the present place of posting since 1999, no illegality can be said to have been committed by the competent authority in transferring him from the present place of posting. 4. Having taken note of the fact that petitioner has worked for more than two decades within the radius of 20 kms, there appears to be no justification to take note of plea raised by the petitioner with regard to DO note issued by former MLA, thereby requesting his transfer, however having taken note of the afore three grounds coupled with the fact that transfer policy enables an employee to seek transfer or adjustment at a convenient place on the ground of couple case, adverse family circumstances as well as on medical grounds, this Court deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation within two days, taking note of afore three grounds, which shall be decided by the competent - 3 - authority within one week. 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 a speaking order thereupon taking note of observations made herein above. Till the time representation is decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. June 5, 2025 (Sandeep Sharma), (manjit) Judge