IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9941 of 2025 Date of Decision: 20.06.2025 __________________________________________________________ Mool Chand …….Petitioner Versus State of H.P. and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Narender Singh Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as TGT (Non- Medical), is aggrieved of order dated 18.06.2025, issued by Director, School Education, Himachal Pradesh, whereby he has been transferred from Government Middle School, Barai, under complex Government Girls Senior Secondary School, Nagrota Bhawan, District Kangra to Government Senior Secondary School, Jharmajri, District Solan. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Narender Singh Thakur, learned counsel representing the petitioner is that impugned transfer order has been passed in violation of Transfer Policy, because petitioner has been transferred with a view to accommodate the private 1Whether the reporters of the local papers may be allowed to see the judgment? 2 respondent No.3, who was otherwise transferred to Government Senior Secondary School, Jharmajri, District Solan, where petitioner has been ordered to be posted. Mr. Narender Singh Thakur, learned counsel representing the petitioner, further states that though petitioner has completed normal tenure of posting at present place of posting, but it may not be in the interest of justice to transfer him to a far-flung area i.e. Solan, on account of adverse family circumstances. Mr. Thakur, learned counsel representing the petitioner, further states that since wife of the petitioner is working as Staff Nurse and posted at Civil Hospital, Bhawarna, Palampur, he could not have been transferred to far-flung area, as such, impugned transfer order has been passed in violation of Transfer Policy, which certainly provides that in couple case, posting should be given at a nearby place, so that family life of employee does not get disturbed. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. B.C. Verma, learned Additional Advocate General. Mr. Verma states that since petitioner has already completed normal tenure of posting at present station, coupled with the fact that impugned transfer order has been effected, pursuant to orders passed by this Court in CWP No.8393 of 2025, which was preferred by private-respondent 3 No.3, no illegality can be said to have been committed by the respondents while passing impugned transfer order. 4. Having taken note of the fact that petitioner has already completed normal tenure of posting at present station, there appears to be no justification for this Court to interfere with the impugned transfer order, however, having taken note of the fact that wife of the petitioner is posted at Civil Hospital, Bhawarna, Palampur, as Staff Nurse, coupled with the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, provides some relief in couple case, 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, praying therein for his adjustment at a convenient station, within a period of three days, which in-turn, shall be decided by the afore authority, expeditiously, preferably, within a period of one week. Ordered accordingly. 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 thereupon taking note of Transfer Policy, which certainly enables an employee to seek posting at a convenient station, on account of couple case and adverse family circumstances. Till the time, representation, if filed within a period of three days, is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. 4 The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge June 20, 2025 (Rajeev Raturi)