IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.59 of 2025 Date of Decision: 29.8.2025 _____________________________________________________________________ Pardeep Kumar Sharma ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. V.S. Chauhan, Senior Advocate with Ms. Priti Steta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Being aggrieved and dissatisfied with order dated 18.12.2024 (Annexure P-3), whereby petitioner, who had been working as driver in the office of CMO Kullu, has been transferred/deputed from afore office to office of CMO, Lahaul and Spiti at RH Keylong for a period of six months or till regular driver joins there. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. V.S. Chauhan, learned Senior counsel appearing for the petitioner is that since petitioner had already served/hard area for more than seven years i.e. w.e.f. 12.11.2001 to 14.6.2008, there was otherwise no occasion, if any, for the respondents to send him again to Lahaul and Spiti, Regional Hospital, Keylong. While making this court peruse - 2 - averments contained in the petition, which is duly supported by an affidavit, Mr. Chauhan, submits that respondents No. 4 and 5 never remained posted in hard/tribal area, but yet they have been retained at Kullu, whereas petitioner, who being obedient employee has already served hard area is being again sent to hard area, which is impermissible in the eye of law. While referring to Clause-12 of transfer policy, Mr. Chauhan, states that every employee is under obligation to remain posted in hard/tribal area at least for once in his life time. 3. Pursuant to notices issued in the instant proceedings, respondents No. 2 and 3 have filed reply, wherein there is no denial to factum with regard to petitioner’s already having served for more than seven years, rather an attempt has been made to justify the impugned transfer order on the ground that petitioner has not been transferred, rather he has been deputed for six months in the office of CMO Lahaul and Spiti on account of shortage of drivers, there is no whisper, if any, with regard to longer stay to respondents No. 4 and 5 and their having not served tribal area. 4. 4. Instructions placed on record pursuant to various orders passed by this court, though suggest that there is a shortage of drivers in the department, but once it is not in dispute that respondents No.3 and 4 are also drivers and they have never served tribal/hard area, this Court sees no reason for the respondents to - 3 - send the petitioner to Lahaul and Spiti, coupled with the fact that he has already served the hard area for seven years. Otherwise also, impugned transfer order is vague and very uncertain about the time, in which petitioner shall be sent back. More than six months have already passed after passing of impugned transfer order, but till date, no steps, if any, have been taken by the respondents to fill up the vacant post of drivers. It appears that Department with a view to protect the private respondents No. 4 and 5, who have not only completed normal tenure of posting, but have also not served the department in hard/tribal area, has made petitioner scapegoat. 5. Consequently, in view of the above, this Court finds merit in the present petition and as such, same is allowed and impugned transfer order dated 18.12.2024 (Annexure P-3), qua the petitioner is quashed and set-aside with direction to the respondents to consider transfer of respondents No. 4 or 5 to hard area/tribal area in terms of clause 12 of the transfer policy, which makes it mandatory for every employee in the State to serve hard/tribal area once in his/her life time. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. August 29, 2025 (Sandeep Sharma), (manjit) Judge