IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.16161 of 2025 Date of Decision: 14.10.2025 _____________________________________________________________________ Suresh Gautam ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Aafreen Kaushal, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Headmaster at GHS Kinder u/c GSSS Behli, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide his pending representation (Annexure P-1) in a time bound manner, whereby he has prayed for his transfer to one of the stations of his choice as detailed in the prayer clause of the petition on the ground that he is about to retire in less than two years and his wife is also working as TGT (Medical) at GSSS Bani Materni. 2. Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. - 2 - Vishal Panwar, learned Additional Advocate General. Mr. Panwar, fairly states that transfer cannot be claimed as matter, rather it is the sole prerogative of the employer to post an employ anywhere in the State. He states that mere completion of tenure at one place cannot be a ground for an employee to seek transfer, rather transfer of an employee concerned depends upon various factors. 3. Since it is quite apparent from the pleadings adduced on record in the petition, which is duly supported by an affidavit, that petitioner has already completed normal tenure at present place of posting and he is said to retire within two years coupled with the fact that transfer policy provides for minimum tenure of three years posting at one station and employee nearing retirement can seek transfer/adjustment at convenient station, this court sees no impediment in as much as issuing direction to the respondents to consider and decide pending representations of the petitioner, expeditiously, preferably, within four weeks. Ordered accordingly. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order taking note of transfer policy, which enables an employee to seek transfer on the ground of nearing retirement. Besides above, competent authority taking note of the fact that petitioner’s wife is presently working as TGT (Medical) at GSSS Bani Materni and as such, petitioner is otherwise entitled to transfer - 3 - on the ground of couple case. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. October 14, 2025 (Sandeep Sharma), (manjit) Judge