IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10889 of 2025 Date of Decision: 08.07.2025 _______________________________________________________ Sarita Kumari …….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. Sanjeev Kumar Motta, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein is aggrieved by order dated 10.06.2025 (Annexure P-1), issued under the signatures of Director, School Education, Himachal Pradesh, Shimla, who, while complying with the directions contained in the judgment dated 01.04.2025 passed by this Court in CWP No. 4663 of 2025 titled as Renu Devi, TGT (Arts) Vs. State of Himachal Pradesh, considered the representation of the aforesaid person, wherein she has stated that she has already completed normal tenure at GHS Chari, u/c GSSS Mehla, District Chamba i.e. hard area and as such, she be posted to soft area. After 1Whether the reporters of the local papers may be allowed to see the judgment? 2 verifying the factum of completion of normal tenure of posting in a hard area by the person named hereinabove, petitioner herein, who admittedly has never served in a hard area, came to be transferred to GSSS Zamanabad, District Kangra, Himachal Pradesh, she has been working since 13.07.2021. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Kumar Motta, learned counsel representing the petitioner, is that though petitioner has never served in a hard/tribal area, but in terms of Clause 12.1 of the Transfer Policy, she cannot be transferred to a hard area on account of fact that she has less than five years of service. He further submitted that petitioner is otherwise not physically fit to be transferred in a hard/tribal area as is evident from the medical documents adduced on record. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that there is no averment in the petition with regard to petitioner having less than five years of service. He further submitted that since petitioner has never served hard area in her service career, no illegality can be said to have been committed by 3 the respondents, while passing impugned transfer order, which otherwise passed in compliance to order passed by this Court in CWP No. 4663 of 2025. 4. Though having taken note of the fact that petitioner has already completed normal tenure at present place of posting, there appears to be no justification to interfere with the impugned transfer order, however, having taken note of the fact that petitioner having less than five years of service and Clause 12.1 of Transfer Policy clearly provides that an employee having less than five years shall not be transferred to a hard/tribal area, 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 her adjustment at convenient station, which shall be decided within ten days. Ordered accordingly. 9. 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 Clauses 12.1 and 13.5 of Transfer Policy, as indicated hereinabove. 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. However, in terms of afore order, Ms. Renu Devi, TGT (Arts) may join at place of 4 her posting, if not already joined. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 08, 2025 (Sunil)