IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9795 of 2025 Date of Decision: 18.06.2025 _____________________________________________________________________ Bharti Tandon ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Rohit, 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 TGT (Medical) at Government Senior Secondary School Banikhet, District Chamba, Himachal Pradesh, is aggrieved of impugned transfer order dated 05.05.2025 (Annexure P-2), whereby she has been transferred from afore station to Government Senior Secondary School Devi Kothi, District Chamba, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Rohit, learned counsel representing the petitioner, is that though petitioner has already completed normal tenure of posting at present place of posting, but on account of her medical condition, she cannot be transferred to Government Senior Secondary School Devi Kothi, District Chamba, Himachal Pradesh, which is snow-bound area. Mr. Rohit, Advocate, while making this Court peruse documents adduced on record, submitted that petitioner has been advised not to walk without the aid of a stick and as such, it may not be possible for her to travel 1.5 Kms on foot from the school to the road. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, states that since petitioner has already completed normal tenure of posting at present place of posting, coupled with the fact that prior to her posting at Government Senior Secondary School Banikhet, District Chamba, Himachal Pradesh, she never served hard area, no illegality can be said said to have been committed by the respondents, while passing impugned transfer order. He further states that bare perusal of documents adduced on record itself suggests that petitioner was operated on account of injury on foot in 2017 and as such, it cannot be said that she is unable to walk after eight years. 4. Having taken note of the fact that petitioner has already completed normal tenure of posting 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 advise 2 rendered by the doctor attending upon the petitioner (Annexure P-1), this court, without going into the merits of the case, deems it fit to dispose of the present petition reserving liberty to the petitioner file representation to the competent authority within three days for her adjustment at a convenient station on account of foot injury, which shall be decided by the competent authority within two weeks. 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 advise rendered by the doctor attending upon the petitioner as well as Transfer Policy, which certainly enables an employee to seek transfer/adjustment on medical grounds. Till the time, representation, as detailed herein above, is not decided in terms of instant order, impugned transfer order dated 05.05.2025 (Annexure P-2) shall be kept in abeyance qua the petitioner. Pending applications, if any, stand disposed of. June 18, 2025 (Sandeep Sharma), (sunil) Judge 3