IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.13142 of 2025 Decided on: 14th August, 2025 _________________________________________________________________ Yogesh Thakur ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vinod K. Thakur, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy, Advocate General for respondents No.1 and 2. Jyotsna Rewal Dua, Judge Notice confined to respondents No.1 and 2, which is waived by Ms. Menka Raj Chauhan, learned Deputy Advocate General. . In view of the nature of the order being passed hereinafter, neither notice is required to be issued to respondent No.3 nor reply is required to be called from respondents No. 1 and 2. With the consent of learned counsel for parties, matter is heard at this stage. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 2. Pursuant to Manjeet Singh Chandel Vs. State of H.P. & Ors2, respondents No.1 and 2 issued an office order on 08.08.2025, transferring and adjusting said Sh. Manjeet Singh Chandel at GHS Lohakhar, District Hamirpur, H.P. vice the present petitioner, who has been consequently transferred to GSSS Darlaghat, District Solan, H.P.. Feeling aggrieved, petitioner has instituted this writ petition. 3. Learned counsel for the petitioner submits that petitioner is a physically disabled person. He is suffering from 50% permanent disability in relation to his left leg, left arm and left hand including fingers; The place where petitioner has been transferred under the impugned transfer order, is at a distance of 100 K.Ms from his present place of posting; Petitioner being disabled, will face lot of difficulties at the transferred station; He is entitled to concession flowing from Clause 5.3 of the Comprehensive Guiding Principles, 2013, regulating transfer of the Government employees. As per the said clause “As far as possible, Officers/Officials with 60% and above physical disability should be given stations of their choice. In the circumstances where it is absolutely not possible, 2 CWP No. 11748 of 2025, decided on 11.08.2025. - 3 - subject to vacancy, they should at least be given postings on road heads or convenient stations where bus service is available.” 4. It is the petitioner’s own pleaded case that he is serving at GHS Lohakhar, District Hamirpur w.e.f. 28.09.2020. Thus, petitioner has completed almost five years at the present place of posting and therefore, is liable to be transferred from there. However, keeping in view Clause 5.3 of the Transfer Policy, it shall be open for the petitioner to represent to respondent No.2 to point out his difficulties with vacancies/stations where he can be suitably adjusted. In case, such a representation is so made within ten days, the same shall be considered and decided by the respondents/Competent Authority in accordance with law and as per the applicable Transfer Policy, within a period of one week thereafter. Ordered accordingly. The order so passed, be communicated to the petitioner. Till decision of the representation, petitioner shall not be compelled to join at the transferred station. He shall be at liberty to avail leave of the kind due. It is made clear, that in case no such representation is filed within the - 4 - timeline indicated above, limited interim protection granted to the petitioner shall automatically stand vacated. It is clarified that this order shall not create any embargo in joining of respondent No.3 at GHS Lohakhar, District Hamirpur under the office order dated 08.08.2025. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge August 14, 2025 R.Atal