IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10637 of 2025 Date of Decision:04.07.2025 _______________________________________________________ Rajender Kumar …….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. Arun Raj, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Advocate, for the respondents/State. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (NM), is aggrieved of order dated 01.07.2025 passed by Director School Education, Himachal Pradesh in compliance of order dated 30.04.2025 passed by this Court in COPC No.544 of 2025 in CWP No. 7051 of 2025, titled Deeksha vs. State of Himachal Pradesh, thereby transferring him from Government Senior Secondary School Saura, District Kangra, Himachal Pradesh to GMSSS, Salooni, District Chamba, Himachal Pradesh. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel 1Whether the reporters of the local papers may be allowed to see the judgment? 2 for the petitioner, is that though petitioner has completed normal tenure of posting at present place of posting, but having taken note of the fact that his son is 75% disabled by birth, he could not have been transferred to far flung area of District Chamba, rather ought to have been given station of his choice. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Learned Deputy Advocate General states that since petitioner has already completed normal tenure of posting at present place of posting, no illegality can be said to have been committed by the respondents, while issuing transfer order. He submitted that transfer station, Salooni, is fully capable of providing medical care and coupled with the fact that there is a medical college at Chamba, it cannot be said that, in the event of petitioner’s transfer to afore station, there would be any difficulty to his disabled child. 4. Having taken note of the fact that petitioner has already completed normal tenure of posting at present place of posting and the impugned transfer order has been passed in purported compliance of the order passed by this Court, there appears to be no justification to interfere with the impugned transfer order. However, 3 having taken note of the fact that son of the petitioner is 75% disabled by birth and petitioner, prior to his impugned transfer, had made representation to the Deputy Director Elementary Education Kangra (Annexure P-3), thereby requesting to provide relaxation in routine transfer, 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 a period of one week, seeking transfer/adjustment at a convenient station on the ground of adverse family circumstances, which in turn, shall be decided by the competent authority within a period of two weeks. 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, taking note of Office Memorandum dated 17.09.2015 (Annexure P-2), sub para 5.6 whereof talks about certain concessions to the officials having differently abled dependents. Till the time representation, if any, filed by the petitioner within a period of one week, is not decided by the competent 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 04,2025 (shankar)