IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17405 of 2025 Date of Decision: 10.11.2025 __________________________________________________________ Ayush Sharma …….Petitioner Versus State of H.P. and Another ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Anuja Mehta, proxy counsel, for Mr. Abhishek Dulta, Advocate. For the Respondents: Mr. Rajan Kahol and 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 Medical Officer at Public Health Center, Jahalman, District Lahaul & Spiti, Himachal Pradesh, which is classified as ‘Most Difficult Area’, has approached this Court in the instant proceedings, seeking directions to respondents to consider and decide his pending representation dated 20.10.2025 (Annexure P-3), whereby he has prayed for his transfer from afore station to one of the station of his choice, as detailed in the representation, on that ground that he has already completed normal tenure of posting in difficult area. 2. 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 1Whether the reporters of the local papers may be allowed to see the judgment? 2 represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that petitioner has not completed normal tenure of posting at the present place of posting, because his services were regularised in the Department of Health and Family Welfare on 24.04.2025. 3. Though careful perusal of averments contained in the petition as well as documents adduced on record reveals that petitioner was appointed as Medical Officer on contract basis in the Department of Health and Family Welfare on 07.10.2022 and at that relevant time, he was give posting at Public Health Center, Jahalman, District Lahaul & Spiti, Himachal Pradesh, but his services were regularised on 24.04.2025, meaning thereby, since 2022, petitioner has been working continuously at one station, which is located in hard/tribal area. Otherwise also, Transfer Policy, formulated by the Government of Himachal Pradesh, does not suggest any distinction between contractual employee and regular employee. 4. Once petitioner has been able to show that he has already completed normal tenure of posting in hard area i.e. two winters and three summers, coupled with the fact that Transfer Policy, formulated by the Government of Himachal Pradesh, enables an employee to seek transfer from hard to soft area, after his/her completing normal tenure of posting, there appears to be no impediment inasmuch as issuing directions to respondents to consider and decide the pending 3 representation (Annexure P-3) of the petitioner 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 orders thereupon taking note of observations made hereinabove. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge November 10, 2025 (Rajeev Raturi)