IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13365 of 2025 Date of Decision:20.08.2025 _______________________________________________________ Naresh Kumar …….Petitioner Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Nandita and Mr. Vivek Thakur, Advocates. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. Mr ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT(Arts) at Government Middle School, Shawala, U/c Government Senior Secondary School, Mahasu, Education Block Kotkhai, District Shimla, Himachal Pradesh, has approached this Court in the instant proceedings, seeking direction to the respondents to consider and decide his representation dated 04.02.2025 (Annexure P-3), whereby he has prayed for his transfer from afore station to one of the stations of his choice, as detailed in the petition as well as representation, on the ground that he has already completed normal tenure of posting at present place of posting. It is averred in the petition that both the 1Whether the reporters of the local papers may be allowed to see the judgment? 2 parents of the petitioner have passed away, as result thereof, there is none to take care of his wife and two minor children, who at present are residing in District Kangra, Himachal Pradesh. 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General. Learned Additional Advocate General fairly states that petitioner has not completed normal tenure of posting at present place of posting, because prior to his being posted at Government Middle School, Shawala, U/c Government Senior Secondary School, Mahasu, Education Block Kotkhai, District Shimla, Himachal Pradesh, he was posted at Government Middle School, Kamah u/c Government Senior Secondary School Bagain, Education Block, Theog, District Shimla, Himachal Pradesh. However, this Court is not persuaded to agree with the afore submission of learned Additional Advocate General for the reason that bare perusal of transfer order (Annexure P-1) reveals that petitioner was not transferred from Government Middle School, Kamah, rather he was shifted from afore station to Government Middle School Shawala u/c Government Senior Secondary School, Mahasu, Shimla, wherein admittedly he has been working for quite long time. In total, petitioner has already completed more than six 3 years in District Shimla. If it is so, prayer made on behalf of the petitioner for his transfer deserves to be considered in light of transfer policy, which certainly speaks about minimum tenure of three years at present place of posting. 3. True, it is that it is the sole prerogative of the employer to post an employee at a particular station and mere completion of normal tenure of posting at one station cannot be a ground, but once transfer policy formulated by Government of Himachal Pradesh besides providing minimum tenure of three years at one station, also enables an employee to seek transfer on the ground of adverse family circumstances, prayer made on behalf of the petitioner deserves to be considered. 4 Averments contained in the petition, which is duly supported by the affidavit, clearly reveal that on account of death of both the parents of the petitioner, there is none to take care of his wife and minor children, meaning thereby petitioner on account of adverse family circumstances can always seek transfer/adjustment at a convenient station. 5. Consequently, in view of the above, the present petition is disposed of, reserving liberty to the petitioner to file representation to the competent authority within a period of two days, detailing therein names of the stations, where he can be posted on account of 4 adverse family circumstances, which in turn, shall be decided by the competent authority within a period of ten days, taking note of transfer policy formulated by the Government of Himachal Pradesh, which provides for transfer/adjustment of government employee on account of adverse family circumstances. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass appropriate order. Pending applications, if any, also stand disposed of. 2. p (Sandeep Sharma), Judge August 20,2025 (shankar)