IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11777 of 2025 Date of Decision: 23.07.2025 _______________________________________________________ Basanti …….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. Piyush Verma, Senior Advocate, with Mr. Ajay Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Language Teacher at Government Senior Secondary School Udaipur, District Lahaul & Spiti, Himachal Pradesh, is aggrieved by order dated 18.07.2025 (Annexure P-1), whereby she has been transferred from afore school to Government Senior Secondary School Gulling, Spiti, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Piyush 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Verma, learned Senior Counsel representing the petitioner, is that petitioner herein has been transferred to far flung area of Spiti that too at a distance of 250 Kms. He fairly states that petitioner does not have any grouse with the posting of Smt. Rema Kumari at Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh, but authority concerned, while considering representation of the aforesaid person, ought to have taken into consideration representation filed by Mr. Sher Singh for his transfer from Government Senior Secondary School Salgran, Lahaul, District Lahaul & Spiti, Himachal Pradesh to Government Senior Secondary School and vide impugned transfer order dated 18.07.2025, petitioner has been ordered to be transferred to Government Senior Secondary School Gulling, District Lahaul & Spiti, Himachal Pradesh. He further states that in case representation filed by the above named Sher Singh is decided and he is posted at Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh, in place of the petitioner, she can be easily adjusted at Government Senior Secondary School Salgran, Lahaul, District Lahaul & Spiti, Himachal Pradesh, which is near to her native place. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to 3 call for the reply from the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General. Mr. Verma, states that Smt. Rema Kumari has been posted in place of petitioner at Udaipur, pursuant to direction passed by this Court in CWP No. 9675 of 2025, whereby direction was issued to the respondents to consider and decide the representation dated 19.03.2025 (Annexure P-4) filed by Smt. Rema Kumari. He further states that since petitioner has already completed normal tenure at present place of posting, she otherwise cannot have any grouse with her transfer to Government Senior Secondary School Keylang, District Lahaul & Spiti, Himachal Pradesh, but in case Mr. Sher Singh who at present working at Government Senior Secondary School Salgran, Lahaul, District Lahaul & Spiti, Himachal Pradesh, is ready and willing to go to Government Senior Secondary School Keylang, District Lahaul & Spiti, Himachal Pradesh, prayer made on behalf of petitioner to adjust her at Government Senior Secondary School Salgran, Lahaul, District Lahaul & Spiti, can be considered, but in that regard, she may have to file representation to the competent authority. 4. Having heard learned counsel for the parties and perused material available on record, this Court finds that Smt. Rema 4 Kumari, who was working as Language Teacher at Government Senior Secondary School Gulling, District Lahaul & Spiti, Himachal Pradesh, has approached this Court by way of CWP No. 9675 of 2025 seeking consideration of her transfer request as per the Transfer Policy. Pursuant to order passed in aforesaid CWP, respondents transferred above named Smt. Rema Kumari to Government Senior Secondary School Udaipur, District Lahaul & Spiti, Himachal Pradesh, in place of the petitioner, who has been further ordered to be transferred to Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh. Admittedly, distance between Gulling and Udaipur is more than 200 Kms and in winters, road between two stations gets disrupted and some times persons living in that area are compelled to walk by foot to reach destination. 5. In view of the above, this Court is persuaded to agree with Mr. Piyush Verma, learned Senior Counsel for the petitioner that it may be very difficult for the petitioner to reach Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh. Moreover, this Court finds that one person namely Sher Singh by way of representation to Deputy Director School Education, Lahaul & Spiti, has prayed for his transfer from Government Senior 5 Secondary School Salgran, Lahaul, District Lahaul & Spiti, which is pending adjudication, despite the fact that Deputy Director, Elementary Education has already recommended his request to Director School Education. Since above named Sher Singh has already completed five years at Salgran and he is ready and willing to go to Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh, petitioner herein, who resides near Government Senior Secondary School Salgran, Lahaul, District Lahaul & Spiti, can be adjusted in place of Mr. Sher Singh. 6. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to Director, School Education, Himachal Pradesh, to consider and decide the pending representation of Sher Singh for his transfer from Government Senior Secondary School Salgran, Lahaul, District Lahaul & Spiti, to Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh and in case said request is accepted by the department, petitioner herein, who vide order dated 18.07.2025, has been ordered to be transferred to Government Senior Secondary School Gulling, Spiti, District Lahaul & Spiti, Himachal Pradesh, may be posted at Government Senior Secondary School Salgran, Lahaul, District 6 Lahaul & Spiti. Ordered accordingly. Needful in terms of instant order, shall be done expeditiously preferably with ten days and till then, petitioner shall not be compelled to join at transferred station. Pending applications, if any, stand disposed of. (Sandeep Sharma), Judge July 23, 2025 (Sunil)