IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11207 of 2025 Date of Decision: 15.07.2025 __________________________________________________________ Virender 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: Ms. Saloni Nee Susham Lata, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Sr. Assistant at Govt. Polytechnic, Rohru, Tehsil Rohru, District Shimla, Himachal Pradesh, is aggrieved of order dated 30.05.2025 (Annexure P-1), whereby he has been transferred from Govt. Polytechnic for Women, Kandaghat, District Solan to Govt. Polytechnic, Rohru, Tehsil Rohru, District Shimla, against vacant post. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Saloni Nee Susham Lata, learned counsel representing the petitioner is that impugned transfer order has been passed in violation of Transfer Policy, formulated by the Government of Himachal Pradesh, because petitioner has not been able to complete his normal tenure of posting at Govt. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- Polytechnic for Women, Kandaghat, District Solan. Besides above, challenge has also been laid on the ground that petitioner is entitled to concession available to couples serving in the State, in view of Clause 5.4 of the applicable Transfer Policy, as his wife is serving at Govt. Sr. Secondary School, Oachghat, District Solan, Himachal Pradesh. 3. Pursuant to order dated 11.07.2025, Mr. Rajan Kahol, learned Additional Advocate General, has placed on record instructions dated 14.07.2025, issued under the signatures of Additional Director, Technical Education, Vocational & Industrial Training, Sundernagar, to state that petitioner has already joined at the transferred station and as such, present petition has rendered infructuous. Mr. Kahol further states that representation filed by the petitioner for cancellation of impugned transfer order is pending consideration before the competent authority and the same shall be decided expeditiously. 4. Though there is no specific denial at the behest of respondents with regard to petitioner not having completed normal tenure of posting at Govt. Polytechnic for Women, Kandaghat, District Solan, but since representation filed by the petitioner for cancellation of his transfer order is pending consideration, coupled with the fact that petitioner has already joined the transferred station, this Court sees no reason to interfere with the impugned transfer order at this stage, rather, deems it fit to dispose of the present petition, with the direction to respondents to consider and decide the pending representation dated -3- 31.05.2025 (Annexure P-2), expeditiously, preferably, within a period of three weeks. Ordered accordingly. Needless to say, authority concerned while doing the needful in terms of instant judgment, shall afford an opportunity of hearing to the petitioner and pass appropriate orders thereupon taking note of Clause 5.4 of the applicable Transfer Policy, which certainly enables an employee to seek transfer/adjustment at a convenient station, on the ground of couple case. Authority concerned is also expected to take note of the fact that petitioner has not completed his normal tenure of posting at Govt. Polytechnic for Women, Kandaghat, District Solan and his wife is also serving at Govt. Sr. Secondary School, Oachghat, District Solan, Himachal Pradesh. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge July 15, 2025 (Rajeev Raturi)