IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9435 of 2025 Date of Decision: 27.06.2025 _______________________________________________________ Pradeep Kumar …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ajeet Singh Saklani, 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, for respondents- State. Mr. Arun Kaushal, Advocate, for respondent No. 3. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Arts) at GSSS Galore, District Hamirpur, is aggrieved of order dated 03.06.2025 (Annexure P-1), whereby he has been transferred from afore station to GSSS Ramnagar, Shimla. 2. Challenge has been laid to the impugned transfer order on the ground that petitioner has not been permitted to complete his normal tenure at present place of posting and transfer order has been 1Whether the reporters of the local papers may be allowed to see the judgment? 2 issued with a view to adjust/accommodate the private respondent, who otherwise has remained posted in District Hamirpur for more than 15 years. 3. Pursuant to direction issued by this Court, Mr. Ravi Chauhan, learned Deputy Advocate General, has placed on record communication dated 26.06.2025, issued under the signatures of Director, School Education, Shimla, perusal whereof reveals that prior to issuance of impugned transfer order, petitioner has remained posted in District Hamirpur for more than four years. 4. True it is that petitioner was posted at GSSS Galore, District Hamirpur 19 days earlier, but prior to this, he was posted at GHS Plah Brahmna, District Hamirpur, Himachal Pradesh w.e.f 14.06.2021 to 16.05.2025, meaning thereby, he has completed normal tenure at present place of posting. Since it is not in dispute that distance between GSSS Galore, District Hamirpur and GHS Plah Brahmna, District Hamirpur, Himachal Pradesh is less than 30 Kms, no illegality can be said to have been committed by the respondents, by clubbing the previous stay of the petitioner, while ascertaining actual stay of the petitioner at present place of posting. 5. For the reasons stated hereinabove, this Court sees no reason to interfere in the impugned transfer order and as such, same is upheld. However, having taken note of adverse family 3 circumstances of the petitioner as have been apprised to this Court during proceedings of the case, this Court, without going into the merits of the case, deems it fit to dispose of the present petition reserving liberty to file representation within two days for his adjustment at a convenient station, which shall be decided within ten days. Ordered accordingly. 6. 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. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Interim order, if any, stands vacated. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge June 27, 2025 (Sunil)