IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7944 of 2024 Date of decision: 01.01.2025 Sushil Kumar Katna. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Vinod Thakur, Advocate. For the respondents : Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 & 2-State. : Mr. P.P. Chauhan, Advocate with Ms. Tara Devi, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner has taken an exception to office order dated 02.08.2024 (Annexure P-1) under which he was transferred as Lecturer (SN) Physics from GSSS Sujanpur Tihra, District Hamirpur to GSSS Kosri, District Kangra. Under the same impugned order, respondent No.3 was brought in place of petitioner from GSSS Kosri, District Kangra. Pursuant to interim order passed in the matter on 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- 08.08.2024, petitioner is presently continuing to serve at GSSS Sujanpur Tihra, District Hamirpur. 2. Learned counsel for the petitioner argued that petitioner was posted at GSSS Sujanpur Tihra, District Hamirpur, on 07.12.2022. He had only completed about a year and 8 months at this place, at the time of issuance of impugned order. The impugned order, therefore, has been passed without letting the petitioner to complete his tenure at the present place. It was also submitted that the impugned order has been issued on the basis of a DO Note mentioned in the petition. Learned counsel for the petitioner also submitted that petitioner’s wife-Smt. Vanita Kumari (Lecturer SM) is also serving at GSSS Sujanpur Tihra, District Hamirpur. She was brought in that place under order dated 22.10.2020. Both husband and wife are required to be posted at same place in view of Clause 5.4 of the Comprehensive Guiding Principles, 2013/Transfer Policy of the State. That petitioner’s wife is suffering from breast cancer. 3. Learned counsel for the respondents submitted that ever since the year 2019, the petitioner has remained -3- posted within a distance of 2 km. Even now, he has been transferred to a place at a distance of 22 km from his (petitioner’s) present place of posting. Learned counsel for the petitioner fairly admits that ever since the year 2019, the petitioner has remained posted at adjacent stations and the distance between them was though not 2 km but 10 km. 4. Taking into consideration the fact that petitioner has remained posted w.e.f. 2019, either at GSSS Alampur or at GSSS Sujanpura Tihra, which are stated to be at a distance of 10 kms, in my considered view, no interference with the impugned transfer order is called for, more particularly, when even under the said transfer order, the petitioner has been posted to a place which is at a distance of 20-22 kms from his present place of post. At this stage, learned counsel for the petitioner submitted that petitioner’s wife has completed her normal tenure at GSSS Sujanpur Tihra, where she was posted on 22.10.2020. That petitioner and his wife be permitted to make a representation for their posting at one station, which be directed to be considered on sympathetic ground, since, -4- petitioner’s wife is suffering from breast cancer and the competent authority be directed to decide the aforesaid representation, in accordance with law, for petitioner and his wife’s suitable adjustment elsewhere. Learned Deputy Advocate states that the respondents are not averse to the aforesaid prayer. 5. Accordingly, this writ petition is disposed of by permitting the petitioner and his wife-Smt. Vanita Kumari to make representation to respondent No.2 within two weeks for their suitable adjustment in accordance with law. In case, such representation is so preferred, respondent No.2/competent authority shall consider and decide the same, in accordance with law and applicable policy, within further period of two weeks. The order so passed shall also be communicated to the petitioner and his wife-Smt. Vanita Kumari. Till such time, petitioner shall be permitted to continue at his present place of posting. It is, however, made clear that in case no such representation is preferred within the aforesaid period, the protection granted under this order shall stand vacated. -5- The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 1st January, 2025 Judge (Pardeep)