IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10253 of 2025 Date of Decision:07.07.2025 _______________________________________________________ Rita Devi …….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. Dinesh K. Thakur, 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, for the respondents/State. Mr. Vinay Sharma, Advocate, for respondent No.6. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who is TGT (Medical), is aggrieved of impugned transfer order dated 09.05.2025 (Annexure P-9), whereby she has been transferred from Government High School Tunna u/c Government Senior Secondary School, Dhangiura, District Mandi, Himachal Pradesh to Government Senior Secondary School Alsindi, District Mandi, Himachal Pradesh by clubbing her previous stay within 30 Km radius on 09.05.2025 with the approval of competent authority. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Dinesh K. Thakur, learned counsel for the petitioner, is that though petitioner has not completed her normal tenure of posting at present place of posting, but yet she has been transferred that too on the basis of D.O. Note (Annexures P-5 & P-6). 3. Pursuant to order dated 26.06.2025, respondent-State has placed on record instructions dated 07.07.2025, issued under the signatures of Director School Education, Himachal Pradesh, perusal whereof reveals that prior to petitioner’s posting at Government High School, Tunna, Mandi, she remained posted at Government Senior Secondary School Gohar, District Mandi, Himachal Pradesh from 03.11.2020 to 05.10.2023, which is at a distance of 20 Km from Government High School, Tunna u/c Government Senior Secondary School, Dhangiara, Mandi, Himachal Pradesh. It is mentioned in the aforesaid communication that since petitioner remained posted within radius of 20 Km since 03.11.2020, she can be considered to have completed normal tenure of posting at present place of posting. 4. Mr. Rajan Kahol, learned Additional Advocate General, vehemently argued that judgment passed by Co-ordinate Bench of this Court in CWP No. 8605 of 2023, tilted as Anurag Chadha vs. State of Himachal Pradesh and others, whereby clubbing of 3 previous stay was held to be bad, has been overruled by Division Bench of this Court in vide judgment dated 06.06.2025 passed in CWP No. 2734 of 2024, titled as Monika Kanta vs. State of Himachal Pradesh and others, and as such, learned counsel representing the petitioner stopped from claiming that clubbing of previous station is not permissible, while calculating the tenure of an employee at one station. 5. Having heard learned counsel for the parties and perused the material available on record and taking note of the fact that petitioner has completed normal tenure of posting at present place of posting, this Court sees no reason to interfere with the impugned transfer order. 6. Careful perusal of judgment passed by Division Bench of this Court in Monika Kanta case (supra), this Court sees no illegality in the decision of respondent-State in clubbing the previous stay of the petitioner, while calculating her actual stay at present place of posting. Since prior to petitioner’s posting at Government High School, Tunna, Mandi, she remained posted at Government Senior Secondary School Gohar, District Mandi, Himachal Pradesh, which is at a distance of 20 Km from present place of posting w.e.f. 03.11.2020 to 05.10.2023, she can be easily concluded to have completed normal tenure of posting. Since petitioner has already 4 completed normal tenure of posting at present place of posting, factum, if any, with regard to issuance of D.O. Note, thereby recommending the transfer of the petitioner from present place of posting and adjustment of private respondent at her place, is of no consequence. Moreover, perusal of impugned order nowhere suggests that same has been issued on the basis of D. O. Note. However, having taken note of adverse family circumstances, as came to be apprised to this Court during the proceedings of the case, coupled with the fact that petitioner’s husband is serving in District Kinnaur in Police Department, this Court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of two days, praying therein for her adjustment at a convenient station, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days, taking note of transfer policy, formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/ adjustment at a convenient station on account of adverse family circumstances. 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. Till the time representation, if any, filed within a period of two days is not decided by the competent 5 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 July 07,2025 (shankar)