IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15817 of 2025 Date of Decision: 07.10.2025 _______________________________________________________ Dutt Ram …….Petitioner Versus State of Himachal Pradesh and others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Vikrant Chandel, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein is aggrieved of order dated 01.10.2025 (Annexure P-1), whereby he has been transferred from Government Boys Senior Secondary School, Sundernagar, District Mandi, Himachal Pradesh by clubbing his previous stay within radius of 30 KM to Government Senior Secondary School, Nalagarh, District Solan, Himachal Pradesh. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Vikrant Chandel, learned counsel for the petitioner, is that respondents, while passing order dated 01.10.2025, though adjusted the private respondent in place of the petitioner, taking note of adverse family circumstances, but, while doing so, neither opportunity of being heard 1Whether the reporters of the local papers may be allowed to see the judgment? 2 was afforded to the petitioner nor his adverse family circumstances have been taken into consideration. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Learned Additional Advocate General states that once it is not in dispute that petitioner has already completed normal tenure of posting at present place of posting, coupled with the fact that transfer order has been passed pursuant to order dated 11.09.2025 passed by this Court in CWP No. 14711 of 2025, no illegality can be said to have been committed by the respondents, while passing the impugned transfer order. 4. Since it is quite apparent from the pleadings adduced on record by the petitioner that he has already completed normal tenure of posting at Government Boys Senior Secondary School, Sundernagar, there appears to be no justification to interfere with the impugned transfer order and as such, same is upheld. However, having taken note of adverse family circumstances of the petitioner as has been apprised to this Court during the proceedings of the case, this Court without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority for his adjustment at a 3 convenient station on account of adverse family circumstances within a period of one week, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of ten days. 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 order, taking note of transfer policy formulated by the Government of Himachal Pradesh, which enables an employee to seek transfer/ adjustment on the ground of adverse family circumstances as well as couple case. Till the time, representation, if any, filed by the petitioner within a period of one week, is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. 1. p (Sandeep Sharma), Judge October 07,2025 (shankar)