Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.17427 of 2025
Date of Decision: 11.11.2025 _______________________________________________________ Inder Singh
…….Petitioner
Versus State of H.P. and others
….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Surender K. Sharma, 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, who at present is working as Language Teacher at Government Senior Secondary School, Bairagarh, District Chamba, Himachal Pradesh, is aggrieved of order dated 04.04.2025 passed by Dy. Director of Elementary Education, Chamba, District Chamba, Himachal Pradesh (Annexure P-1), whereby he has been transferred from Government Senior Secondary School, Bharmour to Government Senior Secondary School, Bairagarh. 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 since petitioner was already working and had completed normal tenure of posting at Government Senior Secondary
1Whether the reporters of the local papers may be allowed to see the judgment? 2 School, Bharmour, there was no occasion, if any, for the respondents to again transfer him to Government Senior Secondary School, Bairagarh. Though, in terms of transfer order dated 4.4.2025 (Annexure P-1) petitioner has already joined at transferred station i.e Government Senior Secondary School, Bairagarh, but since representation having been filed by him after his having joined at transferred station is not being considered and decided by the competent authority, he is compelled to approach this Court in the instant proceedings, praying therein to issue direction to the respondents to consider and decide his representation, in a time bound manner. 3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol, fairly states that representation, if not already decided, shall be decided expeditiously. 4.
Since it is quite apparent from the pleadings adduced on record by the petitioner, which are duly supported by the affidavit that prior to petitioner’s transfer to Government Senior Secondary School, Bairagarh vide impugned transfer order dated 4.4.2025, he was working as Language Teacher at Government Senior Secondary
3 School, Bharmour for more than 20 years, coupled with the fact that transfer policy formulated by the Government of Himachal Pradesh enables an employee to seek transfer from hard area to soft area after his/her having completed normal tenure of posting i.e. two winters and three summers, there appears to be no impediment in issuing direction to the respondents to consider and decide the pending representation (Annexure P-2) of the petitioner for his transfer from Government Senior Secondary School, Bairagarh to one of the stations as detailed in the representation expeditiously, preferably within a period of four weeks. 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 the fact that petitioner has already worked in hard area for more than 20 years, if it is so, he is otherwise entitled to be given posting of his choice. Pending application(s), if any, also stands disposed of. (Sandeep Sharma),
Judge November 11, 2025 (shankar)