IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14235 of 2025 Date of Decision: 03.09.2025 __________________________________________________________ Smt. Yadvindri …….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. Muskan and Mr. Arun Kumar, 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 TGT (Arts), is aggrieved of order dated 01.07.2025, issued under the signatures of Director, School Education, Himachal Pradesh, thereby rejecting the representation, having been filed by the petitioner, in terms of order dated 13.05.2025, passed by this Court in CWP No.4569 of 2025. In representation filed by the petitioner in terms of afore order passed by this Court, petitioner had submitted that she has completed normal tenure of posting at present place of posting and as such, may be either transferred to GHC Mandal u/c GSSS Kehanwal, GSSS Talyahar, GSSS Meramseet, GGSSS Mandi or GHS Naun u/c GSSS Chachiot, District Mandi, but competent authority having taken note of the fact that 1Whether the reporters of the local papers may be allowed to see the judgment? 2 petitioner is working at GHS Bhogra (soft area), District Shimla, since 22.02.2022, wherein the enrollment of students is 30, rejected the representation on the ground that transfer to a particular place of choice cannot be claimed as a matter of right. 2. 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. Vishal Panwar, learned Additional Advocate General. Mr. Panwar states that since petitioner already stands posted in soft area and her normal tenure is yet not complete, there is no justification, if any, to seek transfer to some other area. 3. True it is that it is the sole prerogative of an employer to post an employee at particular station, but once Transfer Policy, formulated by the Government of Himachal Pradesh, provides for transfer/adjustment at convenient station on the ground of adverse family circumstances, an employee is well within his/her rights to seek transfer/adjustment prior to completion of normal tenure of posting or after completion of normal tenure of posting. In the case at hand, petitioner has already completed normal tenure of posting at present place of posting, coupled with the fact that there is none to look after the mother-in-law of the petitioner at native place, on account of the fact that husband of the petitioner is doing some private job in Ludhiana, Punjab, respondents ought to have considered the prayer made on behalf of the 3 petitioner. If it was not possible for the department to post the petitioner in one of the stations, indicated in the representation, petitioner herein could be posted in some other place, nearer to her native place. 4. Consequently, in view of the above, though this Court finds no reason to interfere with the impugned order dated 01.07.2025 (Annexure P-3), but deems it fit to dispose of the present petition, reserving liberty to the petitioner to file fresh representation to the competent authority within a period of three days, giving therein details of stations, where she can be posted against vacant post, which in-turn shall be decided by the afore authority expeditiously, preferably, within a period of two weeks. 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 enables an employee to seek transfer/adjustment on account of adverse family circumstances, coupled with the fact that number of posts have fallen vacant on account of promotion of various TGTs to the post of Lecturer. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge September 03, 2025 (Rajeev Raturi)