2025:HHC:25162 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 10285/2025 Decided on: 30.7.2025 Kapil …..Petitioner Versus State of Himachal Pradesh & ors. ….Respondents Coram: The Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Sourav Sharma, Advocate. For the Respondent: Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B. C. Verma, Addl. A.Gs. with Mr. Ravi Chauhan, Dy. A.G. . ____________________________________________________________ Justice Sandeep Sharma, Judge (oral) The petitioner herein, who is presently working as Forest Guard in Forest Division Pangi, Chamba, is aggrieved of the order dated 6.6.2025, whereby the respondents, while deciding representation having been filed by him for his transfer to soft area on account of his having completed normal tenure of posting at hard/tribal area, have failed to adjust him at any of the stations of his choice and rather posted him at a station, which though is soft, but is at a distance of 120 kms from his native place. 1Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 2 The precise grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sourav Sharma, Advocate, is that in terms of common order dated 15.5.2025, passed by this Court in batch of petitions lead case being CWP No. 5165/2025, titled as Kapil vs. State of H.P. the respondents ought to have transferred those Forest Guards, who have already completed their normal tenure of posting at their present place of posting and have not ever served in tribal/hard area, but without complying with the aforesaid directions passed by this Court, the respondents have though transferred the petitioner to a soft areal but failed to adjust him at any of the stations of his choice. 3 Pursuant to the notice issued to the respondents, Mr. Rajan Kahol, learned Additional Advocate General, has placed on record instructions dated 15.7.2025 imparted by Chief Conservator of Forests Chamba and states that none of the stations indicated by the petitioner in his representation was vacant and as such, the petitioner could not be transferred to a choice of station but has been given a soft station. Mr. Kahol further states that in case the petitioner is able to point out any vacant station, then he can be posted there and he may file a fresh representation, which shall be considered expeditiously. 3 4 Consequently, without going into the merits of the case, this Court deems it fit to dispose of the present petition reserving liberty to the petitioner to file a representation before the competent authority within a period of two days indicating therein vacant stations, where he can be transferred, which in turn shall be decided by the competent authority within a period of one week thereafter. Ordered accordingly. Needless to say, the authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of the transfer policy formulated by the Government of Himachal Pradesh. Pending application(s), if any, also stands disposed of. (Sandeep Sharma) 30.7.2025 Judge (pankaj)