Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13803 of 2025
Date of Decision: 27.8.2025 _____________________________________________________________________ Vijay Singh ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Manohar Lal Sharma, Advocate. s For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as TGT (Non- Medical) in Government Middle School Kauncha, u/c Government Senior Secondary School Koti Bounch, Tehsil Shilai, District Sirmaur, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his representation (Annexure P-3) in time bound manner, whereby he has prayed for his transfer from afore station to one of the stations as detailed in the representation on account of the fact that petitioner has already completed normal tenure of posting in sub cadre/difficult area. 2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. - 2 - Rajan Kahol, learned Additional Advocate General. While fairly accepting that earlier representation having been filed by the petitioner was accepted with the understanding that as and when station of choice becomes vacant, petitioner shall be transferred to that station, but at the time of making representation by the petitioner, stations indicated by him were not vacant, as such, he could not be transferred. He fairly states that fresh representation (Annexure P-7) filed by the petitioner shall be decided strictly in terms of transfer policy. 3. Having heard learned counsel for the parties and perused the material available on record, this Court finds that prior to approaching this Court, petitioner had filed representation to the respondents, praying therein for his adjustment at one of the convenient stations. While disposing of the representation, Director of School Education vide order dated 6.2.2024, categorically ordered that as and when station of choice as indicated by the petitioner, becomes available/vacant, prayer made by the petitioner shall be considered. Now since on account of promotions of TGTs, two stations have become vacant, he has filed representation dated 21.8.2025, which is pending adjudication.
Since it is not in dispute that petitioner has already completed normal tenure in sub-cadre /difficult area and transfer policy formulated by Government of Himachal Pradesh, enables an employee to seek transfer from hard area to soft area or one of the stations of his choice, this Court, deems it fit to
- 3 - dispose of the present petition with direction to the respondents/competent authority to decide the pending representation having been filed by the petitioner (Annexure P-7), expeditiously, preferably, within one week. Ordered accordingly. 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 a speaking order taking note of the fact that many station have become available/vacant on account of promotions of the TGTs to the post of Lecturer School Cadre as is evident from office order (Annexure P-6). Pending applications, if any, also stand disposed of. August 27, 2025
(Sandeep Sharma), (manjit)
Judge