IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9735of 2025 Date of Decision: 17.6.2025 _____________________________________________________________________ Sh. Sanjeev Kumar Barotra ……...Petitioner Versus State of Himachal Pradesh and Anr. …....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 with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Lecturer (Commerce) in Government Senior Secondary School Killar, Tehsil Pangi, District Chamba, Himachal Pradesh, is aggrieved of order dated 31.5.2025 (Annexure P-2), whereby he has been transferred from aforesaid school to Government Senior Secondary School Kiri, Chamba. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Onkar Jairath, learned counsel for the petitioner, is that impugned transfer order being in violation of transfer policy is not sustainable. He states - 2 - that since petitioner has been serving in hard/tribal area for 24 years, he could not have been transferred again to the triabal area, rather in terms of the transfer policy, he ought to have been given posting at soft area or one of the station of his choice. 2. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that though petitioner remained posted in Pangi for a considerable time, but this Court cannot lose sight of the fact that petitioner is resident of Pangi and as such, he cannot be permitted to claim that petitioner has been transferred in violation of the transfer policy, rather an attempt has been made to adjust him in triabl area. 3. True it is that petitioner is resident of triabl area, but once transfer policy formulated by Government of Himachal Pradesh, enables an employee to seek transfer after completion of normal tenure from tribal area to soft area i.e. two winters and three summers, there appears to be no justification to transfer the petitioner from present place of posting to a station which is again a hard area, rather in terms of transfer policy, petitioner ought to have been transferred to one of the station of his choice or he could be allowed to continue at present place of posting. - 3 - 4. It is pertinent to mention that petitioner himself filed representation seeking therein his transfer from present place of posting to one of the station of his choice, but interestingly, respondents ignoring the stations pointed out by the petitioner, proceeded to transfer him to GSSS Kiri, which is a hard area. 5. Consequently, in view of the above, this Court finds merit in the present petition and same is allowed. Impugned order dated 31.5.2025, is quashed and set-aside with direction to the respondents to consider and decide pending representation of the petitioner afresh, within two weeks and thereafter he be given station of his choice, if vacant. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. June 17, 2025 (Sandeep Sharma), (manjit) Judge