IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9750 of 2025 Decided on: 18th June, 2025 ------------------------------------------------------------------------------------- Seema Chauhan …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vikrant Chandel, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 and 2. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice confined to respondents No.1 and 2, which is waived by Mr. L.N. Sharma, learned Additional Advocate General. Considering the order being passed hereinafter, neither reply of the petition is required to be called for from the appearing respondents nor notice is required to be issued to respondent No.3. 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. Petitioner is serving as Trained Graduate Teacher (Medical) at GMSSS Sarkaghat, District Mandi. Her grievance is to the office order dated 04.06.2025 (Annexure P-3), whereunder, she has been transferred to GSSS Purag, District Shimla vice respondent No.3. 4. Learned counsel for the petitioner submits that the petitioner was posted at her present place on 12.10.2022. She has not as yet completed her normal tenure of three years at the present place of posting. The impugned order, therefore, is bad as the petitioner has not been allowed to complete the normal tenure. It was next contended that the petitioner has been transferred to GSSS Purag, District Shimla only to accommodate respondent No.3. It was respondent No.3, who had been transferred to Purag on 04.06.2025. He did not join at the transferred place and on the basis of D.O. Note No.2661, he managed to obtain another transfer order dated 04.06.2025, whereby the petitioner was transferred to GSSS Purag, District Shimla to make way for respondent No.3’s posting at her place. Learned counsel, however, submits that respondent No.3 has joined at the place of the petitioner pursuant to the impugned office order on 13.06.2025. He further submits that petitioner’s husband is also serving 3 with the respondent-Education Department and is presently posted as Vocational Trainer (Tourism) at GSSS Paonta, Sarkaghat. That petitioner’s being a couple case, she is entitled to concession available to couples working under the Himachal Pradesh Government in terms of Clause 5.4 of the applicable transfer policy of the respondent-State. Learned counsel further submits that the petitioner would be satisfied in case she is permitted to make a representation to respondent No.2 for her suitable adjustment in light of above submissions, whereafter, respondent No.2/competent authority be directed to consider and decide the same within a time bound schedule. Learned Additional Advocate General is not averse to this prayer. 5. In view of above, this writ petition is disposed of by permitting the petitioner to make a representation to respondent No.2/competent authority seeking her suitable adjustment, within three days from today, whereafter, the same shall be considered and decided by respondent No.2/competent authority, inter alia, keeping in view the above submissions, in accordance with law and applicable transfer policy within one week thereafter. The decision so arrived at shall also be communicated to the petitioner. 4 Till such decision, the petitioner shall not be compelled to join at the transferred station. 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 18, 2025 Judge Mukesh