IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10405 of 2025 Date of Decision: 31.07.2025 _______________________________________________________ Prince Kumar Sharma …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Ashwani K.Sharma, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. Mr. Vikrant Thakur, Mr. Shubham Singh Guleria & Ms. Shivani Priya, Advocates, for respondent No. 6. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Arts) at GSSS Mehal, District Hamirpur, Himachal Pradesh, is aggrieved by order dated 27.06.2025 (Annexure P-1), whereby he has been transferred from afore station to GHS Dolan, u/c GSSS Bassi, Bilaspur, Himachal Pradesh, vice Ms. Usha Devi, respondent No. 6, by clubbing his previous stay within 30 Kms. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashwani 1Whether the reporters of the local papers may be allowed to see the judgment? 2 K.Sharma, learned counsel representing the petitioner, is that impugned transfer order is in violation of Transfer Policy because petitioner has been transferred prior to his having completed three years at present place of posting. Besides above, it has been further averred by the petitioner that both the legs of his father have been amputated because of cancer, as a result thereof, he has become 85% disabled. Since there is none to take care of his father, petitioner is required to be posted at nearby station i.e. GSSS Boys, Hamirpur, Himachal Pradesh, where one vacancy is stated to be lying vacant. 3. Pursuant to order dated 28.06.2025, learned Additional Advocate General has placed on record communication dated 31.07.2025, issued under the signatures of Director, School Education, Himachal Pradesh, perusal whereof reveals that prior to petitioner’s posting/transfer to GHS Dolan u/c GSSS Bassi, Bilaspur, Himachal Pradesh, he remained posted in District Hamirpur within a radius of 20 Kms for more than five years and as such, respondents, after having clubbed his previous service, transferred him to GHS Dolan, which is at a distance of 100 Kms from present place of posting. Mr. Vishal Panwar, learned Additional Advocate General, states that now Division Bench of this Court in CWP No. 2734 of 2024, titled as Monika Katna Vs. State of HP & others, decided on 06.06.2025 has upheld office memorandum dated 27.10.2023, which 3 provides for clubbing of stay for the purpose of transfer of employees of the Education Department is legal and valid and not contrary to Clause-10 of the Transfer Policy of the State Government and as such, no illegality can be said to have been committed by the respondents, while passing impugned transfer order taking note of previous stay of the petitioner. 4. Having taken note of fact that prior to petitioner’s transfer to GHS Dolan, he remained posted within a radius of 20 Kms in District Hamirpur for more than five years, coupled with the fact that clubbing has been held to be valid by Hon’ble Apex Court in Monika Katna (supra), no illegality can be said to have been committed by the respondents, while passing impugned transfer order and as such, same is upheld. However, having taken note of fact that father of the petitioner has become 85% disabled on account of amputation of his both legs, coupled with the fact that Transfer Policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer on account of adverse family circumstances, 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 to the competent authority within two days for his adjustment at a convenient station i.e. i.e. GSSS Boys, Hamirpur, Himachal Pradesh or any nearby station, which shall be decided by the competent 4 authority sympathetically, preferably within two weeks from today. Ordered accordingly. Needless to say, 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 fact that petitioner has already served in sub cadre area i.e. GSSS Kothi Lahor, Chota Bhangal, Tehsil Multhan, District Kangra, for more than three and a half years. Till the time, representation, as detailed herein above, is not decided in terms of instant order, petitioner shall not be compelled to join at transferred station in terms of impugned transfer order. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge July 31, 2025 (Sunil)