IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9703 of 2025 Date of Decision:16.06.2025 _______________________________________________________ Surender Sharma …….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. Parkash Sharma, 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. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Language Teacher in Government Girls Senior Secondary School Paonta Sahib, District Sirmour, Himachal Pradesh, is aggrieved of order dated 04.06.2025 (Annexure P-1) passed by Deputy Director Elementary Education, Sirmour at Nahan, Himachal Pradesh, whereby he has been transferred from afore school to Government Senior Secondary School, Kamroo. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that impugned transfer order is in violation of 1Whether the reporters of the local papers may be allowed to see the judgment? 2 transfer policy because petitioner has not been permitted to complete his normal tenure of three years at present place of posting. Besides above, learned counsel for the petitioner also argued that transfer of the petitioner has been effected on the basis of D.O. Note issued by Ex. MLA. 3. While putting appearance on behalf of the respondents, Mr. B.C.Verma, learned Additional Advocate General, vehemently argued that present petition is not maintainable for the reason that petitioner has already completed normal tenure of posting at present place of posting. He stated that though petitioner has been working at present place of posting for more than 1 year and six months, but prior to that he remained posted within the radius of 30 Km. He stated that judgment rendered by Co-ordinate Bench of this Court in CWP No. 8605 of 2023, tilted as Anurag Chadha vs. State of Himachal Pradesh and others, wherein clubbing was held to be bad in law has been overruled by the Division Bench of this Court. 4. Learned counsel representing the petitioner stated that since petitioner has already served in hard area in past, there was no occasion, if any, for the respondents to transfer him again in hard area and that too during the mid academic session. Having taken note of the fact that petitioner has already completed normal tenure of posting, coupled with the fact that judgment rendered by Co-ordinate 3 Bench of this Court has been overruled by Division Bench of this Court, this Court sees no reason to interfere in the impugned transfer order, which otherwise appears to have been passed strictly in terms of transfer policy formulated by Government of Himachal Pradesh. Since petitioner has already completed normal tenure of posting at present place of posing, issuance of D.O. Note, if any, thereby recommending the transfer of the petitioner is of no relevance. 5. However, having taken note of the fact that petitioner has already served in hard area prior to his posting at Government Senior Secondary School, Kamroo, this Court without going into the merits of the case, 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 one week, praying therein to transfer him to soft area or one of the stations of his choice on account of his having already served in hard area in past, which in turn, shall be decided by the competent authority within a period of ten days. 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, taking note of transfer policy framed by the Government of Himachal Pradesh, which certainly enables an employee, who has already served in hard area, to seek transfer to soft area or one of the stations 4 of his choice. Till the time representation, if any, filed by the petitioner within a period of one week, 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. p (Sandeep Sharma), Judge June 16,2025 (shankar)