IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9486 of 2025 Decided on: 6th June, 2025 ------------------------------------------------------------------------------------- Pratap Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vinod Chauhan, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is serving as Senior Assistant and belongs to State cadre. His grievance is to the office order dated 24/26.05.2025 (Annexure P/1), whereunder, he has been transferred from HPPWD Division Shillai to HPPWD Division Kangra. 3. Learned counsel for the petitioner submits that the petitioner had remained posted at Shillai Division, 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 stated to be a hard area, initially as Clerk for five years, i.e. with effect from the year 2011 to 2016, thereafter again for three years as Junior Assistant during 2018 to 2021 and as Senior Assistant for four years w.e.f. 2021 till date. It is an admitted position that during the entire service tenure of the petitioner w.e.f. 2011, but for two years from 2016 to 2018, when the petitioner was posted at Solan Division, his entire service period has been spent in Shillai Division. Learned counsel for the petitioner also submits that the petitioner having been posted in Shillai Division, which is a hard area, is entitled to be given option for his transfer to a station of his choice in terms of the applicable transfer policy. This position is not refuted by the learned Deputy Advocate General. Learned counsel for the petitioner further submits that the impugned transfer order has been issued on the basis of D.O. Note No.191181, dated 15.05.2025. 4. Taking note of the grounds urged for the petitioner that he is entitled to be given option for his transfer from hard area, but at the same time, taking note of the fact that the petitioner has himself enjoyed posting in the hard area for most of his service tenure from the year 2011 onwards till date, this writ petition is disposed of by permitting the petitioner to make a representation to 3 respondent No.1/competent authority within two days from today, giving clear option of places falling in two districts where posts are lying vacant, whereafter, the same shall be considered and decided by respondent No.1/competent authority in accordance with law and applicable transfer policy within three days thereafter. The decision so arrived at shall also be communicated to the petitioner. Till such decision, the petitioner shall not be compelled to join at the transferred station. It goes without saying that respondent No.1 shall decide the representation of the petitioner within the aforesaid period. It is made clear that in case no such representation is made within the aforesaid period, interim protection granted to the petitioner shall stand automatically vacated. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 06, 2025 Judge Mukesh