IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15857 of 2025 Date of Decision: 08.10.2025 _______________________________________________________ Manoj Kumar …….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: Mr. Parkash Sharma, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Shastri in GMS Kandhidhar-II u/c GSSS Murah, Education Block Seraj-II, Tehsil Bali-Chowki, District Mandi, H.P., has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide his pending representation (Annexure P-2 Colly), whereby he has prayed for his transfer from District Mandi to District Sirmaur under 5% inter-district quota on the ground of illness of his father, in time bound manner. 2. Though it has been fairly admitted at the behest of petitioner that he has not completed five years of posting in District Mandi, but while referring to Clause 4 of the Notification dated 20.11.2021 (Annexure P-1), which provides for 5% quota for inter- 1Whether the reporters of the local papers may be allowed to see the judgment? 2 district transfer, Mr. Parkash Sharma, learned counsel representing the petitioner, states that in exceptional circumstances, teachers with less than five years of service can be transferred from one district to another on medical grounds. He states that since documents adduced on record clearly reveals that father of the petitioner is heart patient and there is none to take care of him, prayer made on behalf of the petitioner for transfer in terms of policy decision dated 20.11.2021 (Annexure P-1) deserves to be considered. 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 once petitioner has not completed five years in District Mandi, there is otherwise no occasion, if any, for him to seek transfer under 5% inter-district quota. He further states that Clause 4 of the Notification dated 20.11.2021 specifically talks about exemption to Government employees on the ground of his/her illness, but in no eventuality, exemption can be granted on account of illness of parents of Government employee. 4. Having carefully perused Clause 4 of Notification dated 20.11.2021 (Annexure P-1), this Court finds that in exceptional circumstances, teachers with less than five years of service can be 3 transferred on medical grounds, subject to his/her furnishing certificate issued by the Medical Board. Apparently provisions contained in the aforesaid Notification talks about teachers having disability, but certainly does not provide exemption to teachers on the ground of illness of his/her parents. 5. Be that as it may, once documents adduced on record by the petitioner suggests that his father is a heart patient and he requires help of regular attendant, coupled with the fact that there is none to take care of him, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with the direction to respondents to consider and decide the pending representation of the petitioner (Annexure P-2 Colly), expeditiously, preferably, within a period of three 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 the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer on the ground of adverse family circumstances. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge October 08, 2025 (Rajeev Raturi)