IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9407 of 2025 Date of Decision: 25.06.2025 _______________________________________________________ Dr. Amar Singh …….Petitioner Versus State of Himachal Pradesh & Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vishwa Bhushan, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Medical Officer (Specialist) at Directorate of Health Services, Kasumpti, Shima, District Shimla, Himachal Pradesh, is aggrieved by impugned order dated 10.02.2025 (Annexure P-1), whereby he has been posted at CH Bharmour, District Chamba, Himachal Pradesh, after completion of SR Ship from Pt. JLNGMC Chamba. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vishwa Bhushan, learned counsel representing the petitioner, is that since petitioner has already served hard/tribal area twice, prior to his having 1Whether the reporters of the local papers may be allowed to see the judgment? 2 done SR Ship from Pt. JLNGMC Chamba, he could not have been transferred to HC Bharmour, which is again hard/tribal area. 3. It has been averred in the petition that prior to petitioner’s posting in Shimla, he remained posted in Civil Hospital Tissa and CHC Bhumad and as such, he ought to have been given posting of his choice in terms of Transfer Policy, which enables an employee, who has completed normal tenure in a hard/tribal area, to seek transfer to one of the stations of his/her choice. 4. Reply to the petition has been filed on behalf of respondents, perusal whereof reveals that petitioner has been posted at CH Bharmour for the reason that ten posts are lying vacant for a considerable time. It is submitted that MLA of the Bharmour constituency has approached this Court by way of CWP No. 8378 of 2025, wherein direction came to be issued to the respondents- department to post some doctor at CHC Bharmour. 5. While putting in appearance on behalf of respondents, Mr. Ravi Chauhan, learned Deputy Advocate General, states that prior to filing of the petition at hand, petitioner had filed representation, praying therein for his posting in District Chamba, and as such, no illegality can be said to have been committed by the respondents, while transferring petitioner to CH Bharmour, which falls within District Chamba. 3 6. In nutshell, case of the petitioner is that though after having done SR Ship from Pt. JLNGMC Chamba, he is required to be given posting in some Civil Hospital or institution within the State, but once he has already served in a hard area twice in the stations detailed hereinabove. Transfer Policy itself enables an employee, after his/her completion of normal tenure of posting i.e. two winters and three summers, to seek transfer from hard area to soft area, therefore, there was no occasion, if any, for the respondents to again transfer the petitioner to CH Bharmaur, which is tribal area. 7. Mr. Vishwa Bhushan, learned counsel for the petitioner, states that though ten posts may be lying vacant at CH Bharmaur, but to fill up the same, respondents ought to have posted such doctors, who never remained posted in hard/tribal area, but petitioner could not be transferred to such station because he has already served hard/tribal area twice in his service career. 8. Having carefully perused transfer Policy, this Court is persuaded to agree with the afore submission made by Mr. Vishwa Bhushan, learned counsel for the petitioner that Transfer Policy clearly provides that Government employee shall be posted in hard/tribal area for minimum one tenure i.e. two winters and three summers and thereafter, he/she shall be transferred to one of the stations of his/her choice. Petitioner has already served in a 4 hard/tribal area twice and as such, he could not have been transferred again to CH Bharmaur. No doubt, petitioner by way of representation prayed for his posting in District Chamba, but entire District Chamba is not tribal area. 9. Taking note of request made by the petitioner, respondents ought to have transferred petitioner to either in Chamba town or some other area in District Chamba, which does not fall in hard/tribal area. However, in the instant case, petitioner has been sent to CH Bharmaur, which is admittedly a hard/tribal area. 10. Consequently, in view of the above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned order dated 30.05.2025 (Annexure P-5) is quashed and set aside qua petitioner. Respondents are directed to give posting to the petitioner in a soft area or one of the stations of his choice on account of his having already served in hard area on two occasions. Needless to say, though this Court repeatedly advised State Government to ensure that each and every employee is made to work in a hard/tribal area, but in majority of cases, it has been found that influential and well connected employees are not transferred to hard area, whereas persons having no political influence are repeatedly sent to join at hard/tribal area, which practice, if permitted, would not only demoralize the sincere and faithful employee, but may render 5 Transfer Policy formulated by the Government of Himachal Pradesh totally meaningless. Needful in terms of instant order shall be done expeditiously, preferably within four days so that petitioner, who has already relinquished his charge as Senior Residency from Pt. JLNGMC Chamba, is not made to suffer unnecessarily. 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 formulated by the Government of Himachal Pradesh, which provides for transfer of an employee from hard area to soft area after his/her completion of normal tenure of posting i.e. two winters and three summers. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge June 25, 2025 (Sunil)