IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14711 of 2025 Decided on: September 11, 2025 ______________________________________________________________ Ira Kapoor ...Petitioner Versus State of Himachal Pradesh and another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aafreen Mehta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________________________ Sandeep Sharma, J. Petitioner, who at present is working as Lecturer (School Cadre) in Biology in PM Shree Government Senior Secondary School (Boys), Nalagarh, District Solan, Himachal Pradesh, has approached this Court, in the instant petition filed under Art. 226 of the Constitution of India, seeking following main reliefs: “(i) That the respondent No.2 may kindly be directed to transfer the petitioner from P.M. Shri Government (Boys) Senior Secondary School, Nalagarh (Solan) to Government (Boys) Senior Secondary School, Sunder Nagar (Mandi) against /vice the incumbent, posted as Lecturer in Biology there, who has remained posted there within the radius of 30 kms, - 2 - for years together so that the petitioner may be able to take care her family. OR In alternative, the respondent No.2 may kindly be directed to transfer the petitioner to one of the following schools:- (a) Government Senior Secondary School, Mahadev (Mandi) (b) Government Senior Secondary School, Jarol (Mandi). Where, in these schools also, the incumbents, posted in Biology, have been continuing there within the radius of 30 kms, for years together.” 2. Though the petitioner fairly admits that she has not completed normal tenure of posting at present place of posting, but prayer has been made to transfer her to one of stations, on the ground that her father-in-law and mother-in-law are old aged and suffering from Alzheimer’s disease and slip disk, as such, they require care and attention of the petitioner. It is further averred in the petition that husband of the petitioner has retired from Government service and is finding it difficult to take care of his parents, as such, petitioner has filed a representation, seeking transfer to one of the stations, detailed in the representation, in terms of Comprehensive Guiding Principles. 3. Notice. 4. Mr. Rajan Kahol, learned Additional Advocate General accepts notice on behalf of the respondents. He states that since the petitioner - 3 - has not completed normal tenure of posting at present place of posting, she is not entitled to seek transfer, rather posting/transfer of an employee is the privilege of the employer. 5. Having regard to prayer made in the petition coupled with nature of order proposed to be passed in the instant proceedings, requirement of filing reply by the respondents is dispensed with. 6. True it is that the petitioner has not completed her normal tenure at present station, but since there is a provision in the Comprehensive Guiding Principles, for adjustment/transfer of an employee on the ground of adverse family circumstances, coupled with the adversities shown by the petitioner, present petition is disposed of with a direction to the respondents/competent authority to consider and decide the representation (Annexure P-1), filed by the petitioner, within three weeks from today. Needless to say, authority concerned, shall afford opportunity of hearing to the petitioner and pass a speaking order thereafter. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if she remains still aggrieved. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge September 11, 2025 (Vikrant)