IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.11975 of 2025 Date of Decision: 25.07.2025 ____________________________________________________________ Gian Chand …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents ____________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. J.R. Poswal, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________________ Sandeep Sharma, Judge (oral): Having carefully perused the order dated 08.07.2025 (Annexure P-4) passed by Director, School Education, vis-a-vis direction contained in the judgment dated 22.05.2025, passed by this Court in CWP No.8517 of 2025, whereby direction was issued to respondents to consider and decide the pending representation, expeditiously, preferably, within a period of ten days, taking note of Transfer Policy, which certainly enables an employee to seek transfer/adjustment on the ground of couple case, this Court is persuaded to agree with Mr. J.R. Poswal, learned counsel representing the petitioner that consideration order passed in purported compliance of aforesaid direction passed by this Court in CWP No.8517 of 2025 is not in conformity with the mandate contained in the judgment, rather, authority concerned in most mechanical manner, without applying its mind, has proceeded to reject the representation filed by the petitioner on 1Whether the reporters of the local papers may be allowed to see the judgment? 2 the ground that petitioner cannot ask place of transfer as a matter of right. Moreover, there is no discussion, if any, with regard to consideration of ground of couple case raised by the petitioner. 2. Vide order dated 22.05.2025 passed in CWP No.8517 of 2025, this Court had specifically called upon authority concerned to consider the representation of the petitioner for cancellation of his transfer order on the ground of couple case, however, authority concerned nowhere dealt with the aforesaid point and as such, impugned order dated 08.07.2025 (Annexure P-4) deserves to be quashed and set-aside. Ordered accordingly. Director, School Education, Himachal Pradesh, is directed to decide the representation of the petitioner afresh, strictly in terms of observations made by this Court while passing order dated 22.05.2025 passed in CWP No.8517 of 2025 as well as Transfer Policy, formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer on the ground of couple case. Needful in terms of instant order shall be done expeditiously, preferably, within a period of ten days. Till then, petitioner shall not be compelled to join the transferred station, however, he may avail leave of kind due, if any. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge July 25, 2025 (Rajeev Raturi)