IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14145 of 2025 Date of Decision: 13.11.2025 _____________________________________________________________________ Monu ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Surender Sharma & Mr. Neeraj Sharma, Advocates. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General, Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as GSSS Sialkar, District Kangra, Himachal Pradesh, is aggrieved by order dated 28.07.2025 (Annexure P-5), whereby representation having been filed by the petitioners, in terms of order dated 14.07.2025 passed by this Court in CWP No.11216 of 2025, titled as Monu Vs. State of Himachal Pradesh, praying therein for her transfer from District Kangra to District Kullu, has been rejected on the ground of non- availability of Language Teacher. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Surender Sharma, learned counsel representing the petitioner, is that since Transfer Policy enables an employee to seek transfer from one district to another under 5% inter district quota after his/her having completed five years services, respondents could not have rejected the representation of the petitioner on the ground that 20 posts of Language Teachers are lying vacant in District Kangra. Mr. Sharma, submitted that petitioner herein is otherwise required to be transferred on the ground of adverse family circumstances as there is none to take care of her minor children, who at relevant time, is residing at District Kullu along with grand parents. 3. Pursuant to notices issued in the instant proceedings, respondents have filed reply, wherein it has been fairly admitted that though petitioner has already completed more than five years in District Kangra, but it has been stated that on account of transfer of the petitioner from District Kangra to District Kullu, in terms of Transfer Policy, studies of large numbers of students would be affected because at present 20 posts of Language Teachers are lying vacant. Mr. Vishal Panwar, learned Additional Advocate General, while referring to the reply filed by the respondents, submitted that otherwise also, in the mid of academic session, prayer made on behalf of the petitioner for transfer cannot be accepted. 4. Though having taken note of the fact that petitioner has already served for more than 5 years in District Kangra, coupled with 2 the fact that Notification dated 20.11.2021 issued by the Government of Himachal Pradesh, enables an employees to seek transfer under 5% inter district quota from one district to another after his/her having completed more than five years service in one district, there appears to be merit in the contention of learned counsel for the petitioner that impugned order dated 28.07.2025 (Annexure P-5) deserves to be interfered, however, having taken note of the fact that at present 20 posts of Language Teachers are lying vacant in District Kangra and academic session would come to an end in the month of March, 2026, this Court sees no reason to interfere with the impugned order. 5. Accordingly, the present petition is disposed of with a direction to the respondents to consider the case of the petitioner for transfer from District Kangra to District Kullu, in terms of Transfer Policy, after completion of academic session in the month of March, 2026. Needless to say, after completion of academic session in the month of March, 2026, petitioner shall file representation, which shall be decided by competent authority, in terms of observations made in the instant order, expeditiously preferably within two weeks. Pending applications, if any, stand disposed of. November 13, 2025 (Sandeep Sharma), (sunil) Judge 3