IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10101 of 2025 Date of Decision:24.06.2025 _______________________________________________________ Subhash Chand …….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. Ashok Kumar, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Lecturer (Political Science) in Government Senior Secondary School (Boys) Pragpur, Tehsil and District Kangra, Himachal Pradesh, is aggrieved of transfer order dated 4.6.2025(Annexure P-1), whereby he has been transferred from afore school to Government Senior Secondary School, Mail, District Chamba, 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 since impugned order has been laid challenge on the ground the same has been issued on the basis of D.O. Note issued by Extra Constitutional Authority. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 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. While making this Court peruse impugned transfer order, learned Additional Advocate General states that petitioner has remained posted within the radius of 30 Km for more than six years. He further states that impugned transfer order nowhere suggests that same has been issued on the basis of D.O. Note, issued by Extra Constitutional Authority, rather same has been issued taking note of the fact that petitioner has already completed normal tenure of posting at present place of posting. 4. Since it is not in dispute that petitioner has already completed normal tenure of posting, coupled with the fact that he being Lecturer can be posted anywhere in the State, there appears to be no justification to interfere with the impugned transfer order. Though, plea of D.O. Note has been taken by the petitioner, but neither perusal of impugned transfer order suggests that transfer of the petitioner has been effected on the basis of D.O. Note nor afore ground can be made applicable in the case of the petitioner for the reason that he has already completed his normal tenure of posting at present place of posting. 3 5. For the reasons stated hereinabove, though, this Court sees no reason to interfere with the impugned transfer order, however having taken note of the fact that he has approached the competent authority by way of representation dated 12.06.2025(Annexure P-3) for cancellation of transfer order/adjustment at a convenient station on the ground of adverse family circumstances as well as couple case, 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 dated 12.06.2025(Annexure P-3) of the petitioner expeditiously, preferably within a period of ten days. 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, which certainly enables an employee to seek transfer/adjustment on the ground of couple case as well as adverse family circumstances. Till the time representation, if any, filed by the petitioner is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge June 24,2025 (shankar)