IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.13439 of 2025 Date of Decision: 01.12.2025 _______________________________________________________ Meenu Bala …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Suneel Awasthi, Advocate. For the Respondents: Mr. Vishal Panwar, Additional Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as JBT at Government Primary School, Phagot, Education Block Sihunta, District Chamba, Himachal Pradesh, is aggrieved of order dated 17th July, 2025, whereby representation having been filed by her in terms of order dated 19.05.2025 passed by Co-ordinate Bench of this Court in CWP No. 8260 of 2025, titled Meenu Bala vs. State of Himachal Pradesh and others, praying therein for her transfer from District Chamba to District Kangra under 5% inter-District quota, came to be rejected on the ground that there is complete ban on transfer and there are huge number of vacancies of JBT in Chamba District. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 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 once Notification dated 20.11.2021 (Annexure P-3), enables a women employee to seek transfer from one District to another after her having completed three years’ service in one District, prayer made in that regard cannot be rejected on the ground that huge number of posts of JBTs are lying vacant in District Chamba. 3. Learned counsel for the petitioner further submitted that since vide order dated 19.05.2025 passed in CWP No. 8260 of 2025, this Court had directed the respondents to consider the prayer made on behalf of the petitioner for inter-District transfer, ground of ban on transfer otherwise sought to be raised was not available to the respondents, rather they were very much under obligation to consider and decide the case of the petitioner in terms of the orders passed by this Court. 4. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to wait for the reply on behalf of the respondents, who otherwise despite sufficient opportunities have failed to file the reply. Mr. Ravi Chauhan, learned Deputy Advocate General representing the respondents submitted that since there are more than 565 vacant 3 posts in District Chamba, coupled with the fact that there is mid academic session, prayer made on behalf of the petitioner for transfer cannot be accepted at this stage. 5. Since it is apparent from the pleadings adduced on record by the petitioner, which are duly supported by the affidavit that petitioner has served in District Chamba for more than seven years, coupled with the fact that notification dated 20.11.2021(Annexure P-3) enables a women employee to seek inter-District transfer after her having completed three years’ service in one District, this Court is persuaded to agree with learned counsel for the petitioner that huge number of vacancies in District Chamba could not be a ground for the respondents to reject the prayer made on behalf of the petitioner. Similarly, once this Court, vide order dated 19.05.2025, had directed the respondents to consider and decide the case of the petitioner in light of notification dated 20.11.2021, there was otherwise no reason to reject the prayer of the petitioner on the ground that there is ban on the transfer. Though, this Court cannot lose sight of the fact that students studying in various schools cannot be made to suffer for shortage of teachers, but once policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer from one District to other District, prayer in that regard cannot be permitted to be defeated on the ground of huge number of vacancies, rather in that 4 regard, it is sole duty of the employer to provide adequate number of teachers in schools. Since on account of adverse family circumstances, petitioner herein is finding it difficult to manage her affairs in District Chamba, coupled with the fact that she has right to seek transfer from one District to other District in terms of notification dated 20.11.2021, this Court is of the view that no prejudice, if any, shall be caused to either of the parties in case prayer made on behalf of the petitioner is considered afresh after completion of academic session. 6. Consequently, in view of the above, order dated 17th July, 2025 is quashed and set-aside and respondents are directed to consider and decide the case of the petitioner afresh, taking note of the observations made hereinabove as well as notification dated 20.11.2021 after completion of the academic session. In the aforesaid terms, the present petition is disposed of alongwith pending applications, if any. p (Sandeep Sharma), Judge December 01,2025 (shankar)