2025:HHC:18151 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 9632 of 2025 Decided on: 11th June, 2025 ___________________________________________________________ Praveen Kumar ....Petitioner Versus State of Himachal Pradesh and Ors. …..Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioner: Mr. Virbahadur Verma, Advocate. For the respondents: Mr. Arsh Rattan, Deputy Advocate General for respondents-State. Ranjan Sharma, Judge Heard. 2. Notice. Mr. Arsh Rattan, learned Deputy Advocate General appears and waives service of notice on behalf of respondents No.1 to 5. 3. No notice be issued to respondent No.6, in view of the nature of the order intended to be passed in these proceedings, who is stated to have joined at GSSS Ghail, in place of petitioner. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:18151 2 4. Petitioner, Praveen Kumar, TGT (Non-Medical), has come up before this Court, seeking the following relief(s):- (i). Issue a writ of certiorari or any other appropriate writ quashing the transfer order dated 4.6.2025 transferring the petitioner from GHS Ghial u/c GSSS Namhol to GMS Bhagar Chowki, under Complex GSSS Dhabas, District Shimla; (ii) Issue a writ of mandamus or directions directing the respondents to allow the petitioner to rejoin and continue at GHS Ghial under Complex GSSS Namhol.” . 5. The prayer for quashing the transfer orders has been founded, on the ground, that wife of petitioner is serving as TGT (Medical) and is posted at GSSS Basla, District Bilaspur and it is contended that as per Clause 5.4 of Transfer Policy, which was duly approved by the State Cabinet, having the force of law cannot be brushed aside and the petitioner has a right to be considered for posting at same or adjoining stations in terms of Clause 5.4 of the existing norms-policy. 6. At this stage, Learned Counsel states that the 2025:HHC:18151 3 petitioner shall be satisfied, in case, he is permitted to make a representation to Respondent No.2-Director, School Education, Himachal Pradesh in terms of Clause 5.4 of Transfer Policy. 7. The prayer, so made, being innocuous, is not opposed by the learned State Counsel also. 8. Leaving all questions open and after taking into account the entirety of facts and circumstances, this Court disposes of the instant petition in the following terms:- (i) Petitioner is permitted to make a representation to Respondent No.2-Director, School Education, Himachal Pradesh within three days from today; (ii) In case, any such representation is made, Respondent No.2 is directed to consider/examine the same in accordance with Transfer Policy, including Clause 5.4, in accordance with law; after hearing the petitioner and Respondent No.6 [if he so desires] on or before 21.6.2025; (iii) Safeguard, the Respondent No.6; this Court directs that Respondents shall not compel the petitioner to join the transferred station till the decision of the representation; and in such an eventuality, the petitioner is free to avail leave of the kind due; 2025:HHC:18151 4 (iv) No order as to costs. In aforesaid terms, the instant writ petition as well as all pending miscellaneous application(s), if any, shall stand disposed of. (Ranjan Sharma) Vacation Judge 11th June, 2025 (mamta)