IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10827 of 2025 Date of Decision: 07.07.2025 __________________________________________________________ Sh. Santosh Kumar …….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. R.L. Verma and Mr. D. Bhatt, Advocates. For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein is aggrieved of order dated 03.07.2025 passed by Director, School Education, Himachal Pradesh (Annexure P- 1), whereby petitioner herein, who is working as TGT (Arts), has been transferred from GSSS Daulatpur, District Kangra to GSSS Bashdhar, Theog, District Shimla, by clubbing his previous place of posting/tenure. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. R.L. Verma, learned counsel representing the petitioner is that impugned transfer order has been passed in violation of Transfer Policy, because petitioner has not completed normal tenure of posting at the present station. 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 1Whether the reporters of the local papers may be allowed to see the judgment? 2 respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that petitioner may not have completed normal tenure of posting at the present station, but it is not in dispute that petitioner remained posted within the vicinity of 30 kilometers from the present place of posting for more than seven years, which fact has not been disputed by learned counsel representing the petitioner. 4. Since it is not in dispute that petitioner has already completed normal tenure of posting at the present station, this Court sees no reason to interfere with the impugned transfer order and as such, same is upheld, however, having taken note of the fact that petitioner’s wife is also working in Education Department and at present, she is posted at Sundernagar, coupled with the fact that Transfer Policy provides for concession to Government employees on the ground of couple case, 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 three days, praying therein for his adjustment at a convenient station, which in- turn shall be decided by the afore authority, expeditiously, preferably, within a period of ten days. 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 order thereupon taking note of Transfer Policy, formulated by 3 the Government of Himachal Pradesh, which certainly enables a Government employee to seek adjustment at a convenient station, on the ground of couple case. Till the time, representation, if filed within a period of three days, is not decided by the competent authority, in terms of instant judgment, petitioner shall not be compelled to join at the transferred station. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge July 07, 2025 (Rajeev Raturi)