IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10181 of 2025 Date of Decision:25.06.2025 _______________________________________________________ Bodh Raj …….Petitioner Versus The State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vikas Rajput, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with 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(Arts) at PM Shri GUSSS Killar(Pangi) District Chamba, Himachal Pradesh, is aggrieved of order dated 19.06.2025 (Annexure P-7) passed by Director School Education, Himachal Pradesh in compliance to order dated 8.5.2025 passed by Co-ordinate Bench of this Court in CWP No. 7624 of 2025, whereby Co-ordinate Bench of this Court having taken note of the fact that petitioner has already completed normal tenure of posting in hard/tribal area, permitted the petitioner to make representation to the competent authority, praying therein to transfer him to one of the stations of his choice. Pursuant to aforesaid order, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 respondents considered the representation of the petitioner and transferred him from GUSSS Killar (Pangi) District Chamba, Himachal Pradesh to Government Senior Secondary School Patta Brawari, District Solan, Himachal Pradesh against vacancy. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that since petitioner has already served in hard/tribal area, he ought to have been given station of his choice, but again petitioner has been sent to rural area. He states that since petitioner’s wife is suffering from kidney disease, petitioner had sought posting near Chandigarh i.e. Baddi, but for no cogent reason, he has been posted in Government Senior Secondary School Patta Brawari, which though falls in District Solan, but is a rural area. 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. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General states that since petitioner has been transferred in Solan District from where he can take his wife of PGI, Chandigarh in shortest possible time, no illegality can be said to have been committed by the respondents, while passing the impugned order. 3 4. Though, petitioner herein has been transferred to Solan District, but Government Senior Secondary School Patta Brawari, District Solan, Himachal Pradesh, which is considered to be a soft area, but station given to him may not be suitable for reason that he is required to take his wife to Chandigarh on regular intervals for treatment. Government Senior Secondary School Patta Brawari falls near Kunihar, which though falls in District Solan, but touches the boundary of District Bilaspur. Since it is not in dispute that petitioner has already served in hard area i.e Pangi, coupled with the fact that transfer policy enables an employee, who has served in hard area, to seek transfer/posting in one of the stations of his choice, 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 of the petitioner filed in compliance of judgment dated 8.5.2025 passed in CWP No. 7624 of 2025 afresh and if possible petitioner may be adjusted at one of the stations of his choice, so that he is able to take care of his ailing wife. Needful in terms of instant order shall be done expeditiously, preferably within a period of one week. 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. Till the time representation of the petitioner is not decided by the competent 4 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 25,2025 (shankar)