IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9977 of 2025 Date of Decision:21.06.2025 _______________________________________________________ Vijender Singh …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ajeet Singh Saklani, 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), is aggrieved of impugned transfer order dated 7.5.2025 (Annexure P-1), whereby he has been transferred from Government High School Hambot u/s Government Senior Secondary School Hatwar, District Bilaspur to Government Middle School Karyah u/c Government Senior Secondary School Danoghat, District Solan, Himachal Pradesh. 2. Though, it has been fairly admitted on behalf of the petitioner that he has completed normal tenure of posting at present place of posting, but he states that since transfer has been affected on the basis of D.O. Note, same is not sustainable in the eye of law. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Besides above, it has been further stated that since wife of the petitioner is also working in District Kangra, petitioner should not have been transferred to far flung area, rather ought to have been adjusted at a nearby station, so that his family life does not get disturbed. 3. 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 since petitioner has already completed normal tenure at present place of posting, factum of transfer on the basis of D.O. Note, if any, is of no consequence. He further states that representation, if any, made by the petitioner to adjust him at a convenient station on the ground of couple case, shall be considered in terms of transfer policy. 4. Since petitioner has already completed normal tenure of posting at present place of posting, there appears to be no justification to interfere with the impugned transfer order on the allegation of that transfer has been effected on the basis of D.O. Note. 5. Learned counsel for the petitioner attempted to argue that clubbing of previous stay is not permissible in terms of judgment rendered by Co-ordinate Bench of this Court in CWP No. 8605 of 2023, tilted as Anurag Chadha vs. State of Himachal Pradesh and 3 others, but he was unable to dispute that aforesaid judgment has been overruled by the Division Bench of this Court. If it is so, no illegality otherwise can be said to have been committed by the respondents, while clubbing previous stay of the petitioner for calculating total period of stay at present place of posting. However, having taken note of the fact that petitioner’s wife is also working in District Kangra, coupled with the fact that transfer policy, enables an employee to seek transfer to a station, where his/her spouse is working, this Court without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of three days , praying therein for his adjustment at a convenient station on the ground of couple case, which in turn, shall be decided by competent authority expeditiously, preferably within a period of two weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, 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. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge June 21,2025 (shankar)