IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13366 of 2025 Decided on: 20th August, 2025 ------------------------------------------------------------------------------------- Pratap Singh …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Kul Bhushan Khajuria, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner is serving as Junior Basic Trained Teacher at Government Centre Primary School Lani Borar, Education Block Ronhat, District Sirmour. He feels aggrieved against order dated 18.08.2025 (Annexure P-2) 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 that transfers him to GPS Jubiyali Dhar, Education Block Ronhat against vacancy. 3. The transfer has been assailed on the grounds that the petitioner has been transferred to a place, which falls in hard area under the applicable transfer policy. Petitioner’s present place of posting also falls in the hard area. He, therefore, cannot be transferred from a hard area to another hard area. It has also been asserted that since the petitioner has already completed his normal tenure at the present place of posting, where he was posted on 21.08.2020, he, therefore, is required to be given an option for his transfer in accordance with Clause 16.1 of the Comprehensive Guiding Principles, 2013 regulating transfers of the government employees. 4. Learned counsel for the petitioner submits that the petitioner is not against his transfer from his present place of posting, but in view of the applicable transfer policy, he is required to be given an option for his transfer considering the fact that he has rendered requisite tenure of service in the hard area. 5. In view of above submissions, this writ petition is disposed of by permitting the petitioner to represent to respondent No.2/competent authority, giving his option in 3 terms of Clause 16.1 of the transfer policy for his transfer from the present place of posting, within two weeks from today, whereafter, the same shall be considered and decided by the said authority in accordance with law and applicable transfer policy within a period of two weeks thereafter. The decision so arrived at shall also be communicated to the petitioner. Till such decision, operation of the impugned order dated 18.08.2025 (Annexure P-2) shall remain stayed qua the petitioner. It is, however, made clear that in case no such representation is made within the aforesaid period, interim protection granted to the petitioner shall stand automatically vacated. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 20, 2025 Judge Mukesh