IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10167 of 2025 Date of Decision: 03.07.2025 _______________________________________________________ Raman Kumar …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondent _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vijay Singh Bhatia, Advocate. For the Respondent: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Non-Medical) at GHS under GSS Lahla, District Kangra, Himachal Pradesh, is aggrieved of order dated June, 2025 (Annexure P-1), whereby he has been transferred from afore station to GSSS Chopal, District Shimla. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vijay Bhatia, learned counsel representing the petitioner, is that since petitioner has already served in sub cadre area i.e. GMS Jubbar, under 1Whether the reporters of the local papers may be allowed to see the judgment? 2 complex GSSS Maraog, Tehsil Chopal, District Shimla, Himachal Pradesh, there was no occasion, if any, for the respondents to again send him to sub cadre area i.e. Chopal. He submitted that otherwise also, on account of adverse family circumstances, it may not be possible for the petitioner to join at transferred station and as such, he deserves to be given convenient station. 3. To test the veracity of aforesaid submissions made at the behest of petitioner, this Court, vide order dated 25.06.2025, called upon learned Additional Advocate General to have instructions. Since instructions were not imparted in time, this Court vide order dated 02.07.2025, called upon Director, School Education to come present in person. 4. Pursuant to afore order, Mr. Ashish Kohli, Director, School Education, has come present before this Court and has placed on record communication dated 02.07.2025, annexed therewith notification dated 03.10.2016, whereby Government decided to re-formulate the difficult/sub cadre area. 5. Officer present in Court submitted that Sub Tehsil Kupvi, District Shimla falls under sub cadre area, whereas petitioner has never worked in aforesaid Sub Tehsil Kupvi, District Shimla, rather prior to his posting at present place of posting, he was posted in GMS Jubbar, which is not a sub cadre area. He further submitted that since 3 petitioner has already completed normal tenure at present place of posting, coupled with the fact that he belongs to State cadre and as such, no illegality can be said to have been committed by the respondents, while passing impugned transfer order, especially when such order came to be passed in compliance of order dated 03.06.2025 passed by Coordinate Bench of this Court in CWP No. 9232 of 2025 titled as Geeta Devi VS. State of Himachal Pradesh & Ors. 6. Having taken note of aforesaid statement made by the afore officer present in Court, coupled with the fact that petitioner has already completed normal tenure at present place of posting, this Court sees no reason to interfere in the impugned transfer order. However, having taken note of medical condition of the petitioner as is evident from the documents adduced on record and adverse family circumstances as came to be apprised to this Court during proceedings of the 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 for transfer/adjustment at convenient station within one week to the competent authority, which shall be decided within two weeks. Ordered accordingly. 9. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being 4 heard to the petitioner and pass appropriate orders taking note of Transfer Policy, which certainly enables an employee to seek transfer/adjustment at a convenient station on medical grounds as well as adverse family circumstances. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 03, 2025 (Sunil)