IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.17545 of 2025 Date of Decision: 17.11.2025 _____________________________________________________________________ Sh. Jatinder Singh ……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? _____________________________________________________________________ For the Petitioner: Mr. Naresh Kaul, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Anish Banshtu, Deputy Advocate General, for State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Naresh Kaul, learned counsel representing the petitioner is that though vide order dated 30.06.2025, petitioner herein, who is working as Lecturer (SN) Political Science at GSSS Lamu, District Chamba, was transferred from afore station to GSSS Dinilarth, District Kangra, on account of his having completed normal tenure of posting in hard/tribal area, but yet for no cogent and convincing reasons, he is not being relieved. 2. Vide order dated 16.07.2025, Deputy Director, School Education apprised Director, School Education, that at present, there are five sanctioned posts of Lecturer in the School concerned, out of 2 which, four are lying vacant, as a result thereof, petitioner, in terms of transfer order, detailed hereinabove, cannot be relieved. In the afore background, petitioner approached this Court in the instant proceedings seeking therein directions to respondents to relieve him, enabling him to join at the transferred station. 3. Vide order dated 12.11.2025, this Court, having taken note of the fact that petitioner has already completed normal tenure of posting in hard/tribal area, coupled with the fact that on his request, he was posted at GSSS Dinilarth, District Kangra, called upon learned Additional Advocate General to have instructions that why petitioner is not being relieved, despite his having completed normal tenure of posting in hard/tribal area, especially when two Lecturers have already been appointed/posted in the School from where petitioner is seeking the transfer. 4. Pursuant to aforesaid order, learned Additional Advocate General has placed on record communication dated 12.11.2025, issued under the signatures of Director, School Education, Himachal Pradesh, enclosing therewith vacancy position in respect of GSSS, Lamu, District Chamba. Though in afore documents, which are taken on record, it has been stated at the behest of Director, School Education, that relieving and joining in the School is subject matter of respondent No.3 i.e. Deputy Director-cum-Sub Divisional Magistrate 3 (Civil), Bharmour, Chamba, being single line Administrator, but vacancy position of GSSS Lamu, Chamba, has also been made available, perusal whereof clearly reveals that after transfer of the petitioner from GSSS Lamu, two posts of Lecturer have been filled-up, as a result thereof, only two posts of Lecturer in the subject of Hindi and IT (Computer) are lying vacant in the School concerned. 5. 5. Earlier, petitioner was not being relieved on account of vacancy of four posts, but since now two posts of Lecturer already stand filled-up, coupled with the fact that petitioner has completed normal tenure of posting in hard/tribal area, there appears to be no impediment, if any, for Deputy Director-cum-Sub Divisional Magistrate (Civil), Bharmour, Chamba, to relieve the petitioner, enabling him to join at the transferred station. Otherwise also, it is the duty of the respondents to provide substitute/reliever and in no event, right, if any, accrued in favour of the petitioner, after his/her having completed normal tenure of posting in hard/tribal area to seek transfer to soft area, can be defeated on the ground of non-availability of reliever. 6. Repeatedly this Court has been advising the respondents to ensure that each and every employee is made to serve at least once in hard/tribal area, but it appears that some of the employees, who have political clout are evading their posting in hard/tribal area, as a 4 result thereof, sincere and obedient employee, who though have completed normal tenure of posting in hard/tribal area, are being made to stay in hard/tribal area for longer period. 7. Consequently, in view of the above, present petition is disposed of, with the direction to respondent No.3 to ensure that petitioner herein is relieved, in terms of order dated 30.06.2025 (Annexure P-1), enabling him to join at the transferred station expeditiously, preferably, within a period of two weeks. In the aforesaid terms, present petition is disposed of along with pending application(s), if any. November 17, 2025 (Sandeep Sharma), Rajeev Raturi Judge