IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10583 of 2025 Date of Decision: 3.7.2025 _____________________________________________________________________ Ram Gulam Shiv Sagar ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. A.K. Gupta and Ms. Babita Chauhan, Advocates. s For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Head Master at Govt. High School Bhujund, District Lahaul-Spiti, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his representation (Annexure P-3), whereby he has prayed for his transfer from afore station to soft area on account of the fact that he has been transferred twice to hard area. In first tenure, he remained posted as TGT (Arts) at Tranda, District Kinnaur, Himachal Pradesh w.e.f. December, 2006 to July 2010 and thereafter, in second tenure, at Govt. High School Bhujund, District Lahaul-Spiti w.e.f. July 2023 to till date. - 2 - 2. It is admitted at the behest of the petitioner that though petitioner has already served in tribal area for more than four years, there was no reason for the respondents to post the petitioner again in hard are after his promotion but now taking note of the fact that petitioner in total has served hard area for more than six years, his prayer for transfer to soft area or one of the stations of choice, deserves to be considered. 3. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that tenure of the petitioner in hard area is less than the requisite period. He submitted that as per policy, an employee, who was earlier posted in hard/tribal area can be again sent to hard/tribal area on promotion but certainly while calculating his period of stay on promotional post, services, if any, rendered by him on previous posting shall not be counted. He submitted that since petitioner has not completed his normal tenure at present place of posting, prayer made by the petitioner cannot be accepted. 4. Having taken note of the fact that petitioner before his promotion to the post of Lecturer, had already worked in District Kinnaur as TGT (Arts) for more than four years coupled with the fact that petitioner has already completed two years in the capacity of - 3 - Lecturer in District Lahaul Spiti, this court sees no impediment in issuing direction to the respondents to consider his pending representation in time bound manner. 5. Consequently, in view of the above, present petition is disposed of with direction to the respondents to consider and decide his pending representation (Annexure P-3), expeditiously, preferably, within three weeks. 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 a speaking order taking note of the transfer policy formulated by the Government of Himachal Pradesh. Pending applications, if any, also stand disposed of. July 3, 2025 (Sandeep Sharma), (manjit) Judge