IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.20497 of 2025 Date of Decision: 24.12.2025 _______________________________________________________ Joginder Lal Sharma …….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. Prantap Sharma, Advocate. For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as JBT at GPS Jholo, District Shimla, Himachal Pradesh, is aggrieved of order dated nil (Annexure P-2), whereby he has been transferred from afore station to GPS Chikkar, Education Block Mashobra, against vacant post of Head Teacher. 2. Though it has been fairly admitted at the behest of the petitioner that in GPS Jholo, there is zero enrollment of students and as such, petitioner is necessarily required to be transferred, but it may not be possible for petitioner to join GPS Chikkar on account of illness of his father, who has recently suffered facial paralysis. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 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 states that since there is zero enrollment of students in GPS Jholo, no illegality can be said to have been committed by the respondents while transferring the petitioner to GPS Chikkar. Moreover, petitioner, being Government employee, cannot dictate terms, rather in that regard, sole prerogative rests with the employer to post an employee at a particular station. 4. Though, having taken note of the fact that there is zero enrollment of students at GPS Jholo, there appears to be no justification for this Court to interfere with the impugned transfer order and as such, same is upheld, however, having taken note of adverse family circumstance, as has been apprised to this Court during proceedings of the case, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, with the direction to respondents to consider and decide the pending representation (Annexure P-3) of the petitioner expeditiously, preferably, within a period of one week. 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 3 and pass appropriate order taking note of adverse family circumstances, as noted hereinabove. Till the time, representation, detailed hereinabove, is not decided by the competent authority within a period of one week, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge December 24, 2025 (Rajeev Raturi)