IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9957 of 2025 Date of Decision:21.06.2025 _______________________________________________________ Madan Lal …….Petitioner Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Balwant Singh Thakur, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Advocate, for the respondents/State. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT(NM) at Government Middle School Fatehpur u/c Government Senior Secondary School Khajjiar, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings seeking therein direction to the respondents to consider and decide his pending representation dated 04.07.2024 (Annexure P-1), whereby he has prayed for his transfer from afore station to one of the stations of his choice as detailed in the representation as well as relief clause on the ground that petitioner has completed normal tenure of posting at present place of posting and he otherwise is required to be 1Whether the reporters of the local papers may be allowed to see the judgment? 2 transferred to a station, as detailed in the representation, on account of adverse family circumstances. 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General. Learned Additional Advocate General states that though petitioner may have completed normal tenure of posting at present place of posting, but that cannot be a ground to transfer him, rather it is sole prerogative of the employer to post an employee at any station. 3. True, it is that it is sole prerogative of the employer to post an employee, but once transfer policy itself provides for minimum tenure of three years at one station, coupled with the fact that employee can seek transfer on account of adverse family circumstances, this Court having taken note of the fact that petitioner has been working at present place of posting for the last seven years and his mother is seriously ill, this Court without going into the merits of the case deems it fit to dispose of the present petition, with a direction to the respondents to consider and decide the representation (Annexure P-1) of the petitioner expeditiously, preferably within a period of three weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, 3 shall afford an opportunity of hearing to the petitioner and pass appropriate order, taking note of transfer policy framed by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/adjustment at a convenient station on account of adverse family circumstances as well as on medical grounds.. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge June 21,2025 (shankar)