IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19791 of 2025 Date of Decision: 15.12.2025 _____________________________________________________________________ Suman Bala ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol & 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 Language Teacher at GSSS Sihunta, District Chamba, Himachal Pradesh, is aggrieved of order dated 11.12.2025, passed by the Director of School Education (Annexure P-2), whereby she has been transferred from afore station to Government Senior Secondary School Pangi, District Chamba, Himachal Pradesh vice respondent No.3. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner is that petitioner herein, who will be 56 years old in March 2026, could not have been transferred to Pangi in terms of transfer policy formulated by Government of Himachal Pradesh, which - 2 - clearly reveals that an employee, who has attained age of 55 years, shall not be transferred to hard/tribal area. 3. 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. Ravi Chauhan, learned Deputy Advocate General. 4. Careful perusal of pleadings adduced on record by the petitioner, which are duly supported by affidavit, reveals that one Smt. Sonika Devi, Language Teacher, approached this Court by way of CWP No. 15515 of 2025, seeking therein direction to the respondents to consider and decide her pending representation for her transfer from hard/tribal area to soft area after completion of normal tenure of posting. This Court vide order dated 25.9.2025 (Annexure P-1) directed the respondents to consider and decide pending representation of the above named person expeditiously, preferably, within three weeks in terms of the transfer policy, formulated by the Government of Himachal Pradesh. In the afore background, Director of School Education while deciding the representation of the petitioner transferred the aforesaid Sonika Devi in place of the petitioner and petitioner has been transferred to Pangi vice Ms. Suman Bala, being longer stay. 5. Though petitioner herein, who has already completed normal tenure at present place of posting cannot have any grouse of - 3 - her transfer from the present place of posting, but there appears to be merit in his contention that in no eventuality, on account of her having attained age of more than 55 years, she could have been transferred to hard/tribal area, rather ought to have been given transfer in some other school. 6. Careful perusal of clause 16.1 of the Transfer Policy clearly provides that an employee, who has attained age of 55 years cannot be transferred to hard/tribal area. Moreover, this Court finds that petitioner herein has been working as Language Teacher under Para Teacher Policy and till date, her services have not been regularized and as such, otherwise she cannot be ordered to be transferred. 7. In view of the above, this court finds merit in the present petition and accordingly, same is allowed and order dated 10/11.12.2025 (Annexure P-2) is quashed in as much as petitioner herein has been transferred to Pangi, which is otherwise not permissible. Respondents are directed to ensure posting of the petitioner either in the same school or at a convenient place within one week, but ensuring that Sonika Devi, Language Teacher, is not made to suffer and she remains posted in soft area. 8. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. December 15, 2025 (Sandeep Sharma), (manjit) Judge