IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9387 of 2025 Date of Decision:09.07.2025 _______________________________________________________ Jitender Kumar …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Surinder Saklani, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State. Mr. Munish Datwalia, Advocate, for respondent No.4. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who is TGT (Arts), is aggrieved of impugned transfer order dated 02.06.2025 (Annexure P-1), whereby he has been transferred from Government Senior Secondary School, Dasehra, District Mandi, Himachal Pradesh to Government Senior Secondary School, Panjalag, Mandi by clubbing his previous stay within 30 Km radius. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Surinder 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Saklani, learned counsel for the petitioner, is that impugned transfer is in violation of transfer policy formulated by Government of Himachal Pradesh because petitioner has not been permitted to complete his normal tenure of posting at present place of posting. Learned counsel for the petitioner submitted that petitioner was posted at present place of posting on 4.10.2023, meaning thereby he is yet to complete two years, but on the basis of D.O. Note issued by Ex.MLA of the area concerned, he has been transferred with a view to accommodate the private respondent. Besides above, learned counsel for the petitioner states that since son of the petitioner has been recently operated at AIIMS, Bilaspur, he is required to take care of him. 3. Pursuant to order dated 5.6.2025, respondent/State has placed on record instructions dated 3rd July 2025, issued under the signatures of Director School Education, Himachal Pradesh, perusal whereof reveals that prior to petitioner’s posting at Government Senior Secondary School, Dasehra, District Mandi from 4.10.2023 to 3.06.2025, he was posted at Government Senior Secondary School Gurukotha, Mandi from 29.04.2021 to 30.09.2023, which is at a distance of 15 Kms from Government Senior Secondary School Dasehra, Mandi, Himachal Pradesh. 4. Though, learned counsel for the petitioner attempted to argue that clubbing of previous stay is not permissible in terms of 3 judgment passed by Co-ordinate Bench of this Court in CWP No. 8605 of 2023, tilted as Anurag Chadha vs. State of Himachal Pradesh and others, but he was unable to dispute that judgment rendered in Anurag Chadha case has been overruled by Division Bench of this Court vide judgment dated 06.06.2025 passed in CWP No. 2734 of 2024, titled as Monika Kanta vs. State of Himachal Pradesh and others, whereby clubbing of previous stay for the purpose of transfer of employees in Education Department has been held legal and valid. 5. Since petitioner has remained posted within the radius of 15 KM for the last five years, there appears to be no justification to interfere with the impugned transfer order. Similarly, having taken note of the fact that petitioner has completed normal tenure of posting at present place of posting, this Court sees no reason to go into the question of D.O. note, if any, issued by Ex.MLA of the area. However, having taken note of the fact that son of the petitioner has been recently operated, as is evident from the medical document adduced on record, this Court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of two days, praying therein for his adjustment at a convenient station, enabling him to take care of his ailing son, which in turn, shall be decided by the competent authority 4 expeditiously, preferably within a period of ten days, taking note of transfer policy, formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/ adjustment at a convenient station on account of adverse family circumstances. 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 appropriate order. Till the time representation, if any, filed within a period of two 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. 1. p (Sandeep Sharma), Judge July 09,2025 (shankar)