IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11138 of 2025 Decided on: 11th July, 2025 _________________________________________________________________ Piar Chand ...Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vishwa Bhushan, Advocate. For the respondents: Ms. Leena Guleria, Deputy Advocate General, for respondents No.1 and 2. Mr. Balwant Singh Thakur, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Notice at this stage confined to respondents No.1 and 2, which is waived by Ms. Leena Guleria, learned Deputy Advocate General. With consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner had preferred CWP No. 8102 of 2025 against his transfer to GMS Rajindu u/c GMSSS Saho, 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - District Chamba, vice respondent No.3, under office order dated 06.05.2025. The main ground was that even though the petitioner has completed his normal tenure at GHS Jumhar and was liable to be transferred, but he could not have been transferred from one sub cadre hard area to another sub cadre hard area. GHS Jumhar-the place from where the petitioner was transferred and GMS Rajindu-the place to which petitioner was transferred under office order dated 06.05.2025 fall under sub cadre hard area, therefore, petitioner desired his posting at some other place preferably of his choice. Taking note of petitioner’s grounds, writ petition was decided on 16.05.2025 by permitting the petitioner to prefer representation for his transfer/adjustment to the Competent Authority/Director of School Education, Himachal Pradesh within two days with further direction to the competent authority to decide the aforesaid representation in accordance with law and applicable policy within one week thereafter. Petitioner preferred his representation on 17.05.2025 (Annexure P-8). Respondent No.2/Competent - 3 - Authority has rejected the same on 04.07.2025 only on the ground that petitioner’s transfer from GHS Jumhar to GMS Rajindu was with prior approval of the competent authority and transfer to a particular place of choice cannot be claimed as a matter of right. It is the discretion of the State Government to post/transfer any employee anywhere in the stat keeping in view the administrative exigency/convenience. The petitioner is now stated to have joined at GMS Rajindu subject to outcome of the representation. 3. The impugned office order dated 04.07.2025 (Annexure P-10) makes it evident that grounds/grievances urged by the petitioner in CWP No.8102 of 2025, for redressal of which, he was permitted to make a representation to respondents in terms of the judgment dated 16.05.2025, in the said writ petition, have not even been gone into by the competent authority. It may be the prerogative of the State Government to transfer an employee keeping in view the administration exigency/convenience, but at the same time, the State is also required to keep in view its own policy while considering representation preferred by the petitioner, more so, the concessions granted in that very policy for - 4 - transfer/adjustment. 4. At this stage, learned Deputy Advocate General submits that respondent No.2 will consider the case of the petitioner afresh. 5. In view of above, the impugned order dated 04.07.2025 (Annexure P-10) is quashed and set aside with directions to respondent No.2/Competent Authority to consider petitioner’s representation in light of judgment dated 16.05.2025, rendered in CWP No.8102 of 2025 (Piar Chand Vs. State of H.P. and Ors), within a period of two weeks from today i.e. by 29.07.2025. Copy of order so passed, be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge July 11, 2025 R.Atal