Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10469 of 2025 Date of Decision: 01.07.2025 ____________________________________________________________ Virender Singh
…….Petitioner Versus State of H.P. and Others
….Respondents ____________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vinay Sharma, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma , Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as JBT Teacher in GPS Ghirther (Rait), has approached this Court in the instant proceedings, challenging transfer order dated 25.06.2025 (Annexure P-2), whereby his representation came to be rejected. 2. Though, admittedly petitioner has completed his normal tenure at the present place of posting but challenge has been laid to the impugned transfer order on the ground that petitioner could not have been sent to a station, which is at the distance of 100 Kms from the present place of posting, for the reason that wife of the petitioner is also working in GPS Kakroh,Education Block Kotla District Kangra. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to 1Whether the reporters of the local papers may be allowed to see the judgment? 2 call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that since petitioner has completed normal tenure at present place of posting, no illegality can be said to have been committed by the respondents while passing impugned transfer order. 4.
Having taken note of the fact that petitioner has completed normal tenure at present place of posting, there appears to be no justification to interfere in the impugned transfer order, however, having taken note of the fact that wife of the petitioner is also working at GPS Kakroh, Education Block Kotla, District Kangra, coupled with the fact that transfer policy grants concessions in transfers on the ground of couple case, this Court deems it fit to dispose of the present petition at this stage reserving liberty to the petitioner to file representation within two days, seeking therein his adjustment at a convenient station, which in turn shall be decided expeditiously, preferably, within 10 days, taking note of the transfer policy which enables an employee to seek transfer on the ground of couple case. Ordered accordingly. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of hearing to the petitioner and pass speaking order thereupon. Needless to say, till the time representation is decided, petitioner shall not be compelled to join at the transferred station. Pending application(s), if any, shall also stand disposed of. (Sandeep Sharma), Judge July 01, 2025 (Shamsh Tabrez)