IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14185 of 2025 Date of Decision: 02.09.2025 ____________________________________________________________ Saroj Kumari …….Petitioner Versus State of H.P. and Others ….Respondents ____________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Shikha Rajta and Ms. Urvashi Rajta, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General, with 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): Petitioner herein is aggrieved of order dated 28.08.2025, passed by Director, School Education, upon the representation filed by the person namely Mr. Mohinder Singh, in terms of order dated 29.07.2025, passed by this Court in CWP No.12231 of 2025, titled Mohinder Singh Vs. State of H.P. & Others, wherein petitioner herein came to be transferred from GHS Kand, u/c GSSS Dari, District Kangra to GMS Uchka, u/c GSSS Lylh, District Chamba. 2. Though it has been fairly admitted at the behest of petitioner that she has completed her normal tenure of posting at GHS Kand, District Kangra, but challenge has been laid to the impugned transfer order on the ground that petitioner could not have been transferred from District Kangra to District Chamba, on account of the fact that her husband is also working 1Whether the reporters of the local papers may be allowed to see the judgment? 2 in Education Department and at present, is posted at GSSS Dheera, District Kangra. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan states that aforesaid impugned transfer order has been passed in purported compliance of mandate contained in the judgment dated 29.07.2025, passed in CWP No.12231 of 2025, wherein direction was issued to respondents to consider and decide the representation dated 23.07.2025, filed by Mr. Mohinder Singh for his adjustment at convenient station. He submitted that since petitioner has already completed normal tenure of posting at GHS Kand, District Kangra, no illegality can be said to have been committed by the respondents while transferring her from District Kangra to District Chamba. He states that since petitioner belongs to State cadre, she can be posted anywhere within the State, as per requirement. 4. Having carefully perused material adduced on record, vis-a- vis order laid challenge in the instant proceedings, this Court finds that petitioner has already completed normal tenure of posting at GHS Kand, District Kangra and as such, no illegality can be said to have been committed by the respondents while transferring her from afore station to District Chamba, however, having taken note of the fact that petitioner’s husband is also working in GSSS Dheera, District Kangra, coupled with the fact that Transfer Policy, formulated by the Government of Himachal 3 Pradesh, enables an employee to seek transfer on the ground of couple case, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of two days, praying therein for her adjustment at convenient station, on the ground of couple case, which shall be decided by the afore authority expeditiously, preferably, within a period of two weeks. Ordered accordingly. Needless to say, authority concerned while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereupon taking note of Transfer Policy, which certainly enables an employee to seek transfer or adjustment at a convenient station, on the ground of couple case. Till the time, representation, if filed within a period of two days, is not decided by the competent authority in terms of instant order, petitioner shall not be compelled to join at the transferred station. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge September 02, 2025 (Rajeev Raturi)