IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9761 of 2025 Date of Decision: 18.06.2025 _____________________________________________________________________ Rajnish Chauhan ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath, 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. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecture (Physical Education) at Government Senior Secondary School Kuji, Tehsil Pachhad, District Sirmaur, Himachal Pradesh, is aggrieved of impugned transfer order dated 14.05.2025 (Annexure P-2), whereby he has been transferred from afore station to Government Senior Secondary School Basahan, Tehsil Pachhad, District Sirmaur, Himachal Pradesh, vice Mr. Karam Singh, respondent No. 3. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Onkar Jairath, learned counsel representing the petitioner, is that impugned transfer order is in violation of Transfer Policy for the reason that respondent-department having taken note of fact that wife of the petitioner is also working in the Education Department, ought not have transferred to a school, which is at a distance of 54 kilometers from the native place of the petitioner. Though Mr. Jairath, fairly admitted factum with regard to completion of normal tenure of the petitioner at present place of posting, but he submitted that after receipt of transfer order, petitioner, while joining at transferred station, made a representation to the Director, School Education, Lalpani at Shimla, Himachal Pradesh (Annexure P-4) for his adjustment at a convenient station on the ground of couple case, but till date no action has been taken upon the same. He further submitted that otherwise also, father of the petitioner is not physically fit and as such, he is required to be posted near his native place. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that since petitioner has already completed normal tenure at present place of posting, present petition deserves dismissal. He further states that otherwise also, the distance between the transferred station and the petitioner’s native place is only 35 kilometers. 2 4. Having taken note of the fact that petitioner has already completed normal tenure at present place of posting, this Court sees no reason to interfere with the impugned transfer order and as such, same is upheld. However, having taken note of the fact that wife of the petitioner is also working in the Education Department and at present she is posted at Government Senior Secondary School Narag, District Sirmaur, Himachal Pradesh, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation of the petitioner (Annexure P-4) expeditiously, preferably within four weeks. Ordered accordingly. 5. 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 fact that father of the petitioner is unwell and he needs constant care of his family members and Transfer Policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/adjustment on the ground of couple case. Pending application(s), if any, stand disposed of. June 18, 2025 (Sandeep Sharma), (sunil) Judge 3