IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14223 of 2025 Date of Decision: 03.09.2025 __________________________________________________________ Sh. Saleem Mohammad …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Meenakshi Sharma and Mr. Suraj Sharma, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein who at present is working as Naib Tehsildar in Tehsil Office Sunni, District Shimla, H.P., is aggrieved of order dated 30.08.2025 (Annexure P-1), whereby he has been transferred from afore station to FSNT Circle, Shalaghat, District Solan. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Meenakshi Sharma, learned counsel representing the petitioner is that though petitioner has not completed normal tenure of posting at present station, but he has been transferred. She further states that since petitioner is due to retire within a period of less than two years, i.e. one year and five months, he otherwise could not have been transferred to a far flung area, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 rather, ought to have been given station of his choice in terms of Transfer Policy. 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. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that petitioner has already completed more than two years and three months at present place of posting and as such, it cannot be said that he has not been permitted to complete normal tenure of posting. 4. Having carefully perused averments contained in the petition, which is duly supported by way of affidavit, this Court finds that for last two years and three months, petitioner has been working in Tehsil Office Sunni, District Shimla and he belongs to District Solan and as such, otherwise could not be posted in Shalaghat, District Solan. Moreover, this Court finds that petitioner is due to retire within a period of one year and three months and in that situation, he could not be transferred to far flung area, rather, ought to have been given station of his choice as has been provided in the Transfer Policy. 5. Consequently, in view of the above, this Court, though does not see any reason to interfere with the impugned transfer order for the reason that petitioner has almost completed two years and three months at present place of posting, but having taken note of the fact that 3 petitioner belongs to District Solan, coupled with the fact that he is due to retire within a period of less than two years, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation before the competent authority within a period of three days, praying therein for adjustment at convenient station, which in-turn shall be decided by the afore authority expeditiously, preferably, within a period of ten days. 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 the Transfer Policy, formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek transfer/adjustment at convenient station on account of his/her nearing retirement as well as adverse family circumstances. Till the time, representation, if any filed within a period of three days, is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge September 03, 2025 (Rajeev Raturi)