1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9770 of 2025 Date of decision: 18.06.2025 Jai Ram. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner is serving as Junior Basic Teacher at GPS Sanwal, Education Block Tissa, District Chamba and belongs to District Cadre. His grievance in the present petition is to office order dated 02.06.2025 (Annexure P-1) that transfers him to GPS Gagal, Education Block Tissa, District Chamba, against vacancy without Transfer Travelling Allowance/Joining Time. -2- 3. Learned counsel for the petitioner submits that petitioner had been rendering service in the hard and tribal areas, therefore, in consonance with the provisions of the applicable transfer policy he was entitled to be given options for his transfer from the present place of posting. This has not been given to him by the respondents. The impugned transfer order reflects as if the same has been passed at the request of the petitioner, whereas, the petitioner has not made any such request for his transfer. Learned counsel for the petitioner further submits that petitioner has completed more than requisite tenure at the present place, where he is serving since the year 2007, therefore, he submits that the petitioner would be willing to be posted at (i) GPS Guwadi, Education Block Salooni, District Chamba (post is stated to be lying vacant); (ii). GPS Makkan, Education Block Salooni, District Chamba (post is stated to be lying vacant); (iii). GPS Tissa, Education Block Tissa, District Chamba; and (iv). GPS Smane Di Kothi, District Chamba (post would be available on 01.08.2025). 4. Learned counsel for the petitioner submits that the petitioner would be satisfied, in case he is permitted to prefer a representation to the respondents indicating the -3- stations of his choice, where he can be accommodated, whereafter, the competent authority/ respondents may be directed to consider and decide the same in accordance with law within a time-bound schedule. This is not objected to by learned counsel for the respondents. 5. Taking into consideration the submissions made for the petitioner, it will be expedient to dispose of this petition with the following directions:- 5(i). Petitioner is permitted to prefer a detailed representation to the Competent Authority/respondents against the impugned office order within a period of one week from today. In case, such representation is so preferred, the Competent Authority shall consider and decide the same in accordance with law and applicable transfer policy within a further period of two weeks. The order so passed shall also be communicated to the petitioner. 5(ii). Till such time, the operation of impugned office order dated 02.06.2025 (Annexure P-1) shall remain stayed qua the petitioner or in other words petitioner shall be allowed to continue to serve at GPS Sanwal, Education Block Tissa, District Chamba. -4- 5(iii). It is further clarified that in case the petitioner fails to prefer the aforesaid representation within the stipulated period, the interim protection granted under this order shall be deemed to have been automatically vacated. This writ petition is disposed of in above terms so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 18th June, 2025 Judge (Pardeep)