1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8508 of 2025 Date of decision: 23.05.2025 Anil Chauhan. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Vinod Chauhan, Advocate. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner is serving as Trained Graduate Teacher (Arts) at GSSS Kandiyari, District Sirmaur. His grievance is to office order dated 20.05.2025 (Annexure P-1) transferring him to GSSS Balera, District Solan. 2. Petitioner has assailed his transfer on the ground that his present place of posting falls in hard area as defined under the transfer policy; He has completed his requisite tenure at the present place of posting, which is a hard area, therefore, in accordance with applicable transfer policy, he is entitled to be considered for posting to a station of his choice. -2- 3. The petition reflects following incumbency position of the petitioner:- “Placements Date of joining Date of relieving Time of service GMS Kusenu, E/B Shillai (Hard area) 30.05.2005 2018 13 years GSSS Kandiyari (Hard area) 2018 21.05.2025 7 years” The above table shows that ever since his appointment in the year 2005, the petitioner has served only at 2 stations, i.e. GMS Kusenu for 13 years (w.e.f. 2005 to 2018) and GSSS Kandiyari for 7 years (w.e.f. 2018 till date). The aforesaid stations are stated to be hard and difficult areas in terms of transfer policy. To a query of the Court, learned counsel for the petitioner submitted that petitioner is resident of Village Gahasan, P.O. Shillai, Tehsil Shillai, District Shillai, which falls under hard area in the transfer policy; That the distance between the aforesaid two stations, where the petitioner has rendered his entire service of 20 years till date, is not more than 7 kms. Clause 16 of the office memorandum dated 10.07.2013, ‘Comprehensive Guiding Principles-2013 for -3- regulating the transfer of State Government employees’ provides as under in relation to transfer & posting from hard/difficult areas:- “16. Regarding tenure and age limit for posting Difficult/Tribal/Hard Areas/Most Difficult Areas etc.: 16.1 The normal tenure for transfers in Difficult/Tribal/ Hard/Most Difficult areas will be three years i.e. Two Winters and Three Summers. It may be ensured that the Officers/ Officials have actually completed the prescribed tenure. In case any Officer/ Official remain on long leave for whatsoever reasons, this period of absence will be deducted and he/she will have to serve more in that Area for equal period. As far as possible, efforts will be made not to post Officers/Officials in Difficult/ Tribal/Hard/Remote Areas who have crossed the age of 55 (fifty five) years, but this will not be applicable in the case of promotions. On completion of normal tenure in Difficult/ Tribal/ Hard/Remote areas the concerned Officers/ Officials will have an option of 5 (five) Stations of choice which will be for more than one District and as far as possible, efforts will be made to post them in any one station of their choice of that category of stations in which he/she has not served earlier. The employees posted in these Areas who after completion of normal tenure of Two Winters and Three Summers do not offer the choice of Stations for posting and continue to serve there, can be transferred and posted anywhere in the State. 16.2 The Officers/Officials transferred from areas specified "C", "D" & "E" of para 15, will not be relieved of their duties till their substitutes join. Of late it has been observed that the officers/ officials transferred to Difficult/ Tribal/ Remote/ Rural areas get their transfer cancelled or modified on one pretext or the other resulting inconvenience to the employees who are transferred from these Areas. In such situation, it will be ensured that the transfer orders of the employees who are transferred to Difficult/ Tribal/ Hard/Remote/ Rural Areas will neither be cancelled nor modified without making reference to the concerned Administrative Department to put forth its views. The condition of joining at new place of posting within the joining time period will be incorporated in the order itself and defaulting Officers/ Officials will be proceeded against Departmentally. It will be the -4- responsibility of the Head of Department/competent authority to relieve the transferred employee and it may also be specified in the transfer orders as to who will be relieved first. Besides, it will also be ensured that Officers/ Officials posted in Tribal/Difficult/hard/ Rural areas join their place of postings and do not manage to get their transfers cancelled on frivolous grounds/extraneous considerations. In case of such Officers/Officials already working in Tribal/Difficult/Hard areas who have completed their normal tenure but could not be relieved due to non joining of the substitute, shall be deemed relieved after completion of fourth years to join their duties at the State Headquarter for further posting. 16.3 The employees who are transferred to difficult/tribal/ hard/ rural areas, proceed on leave on medical grounds, it shall be imperative on all the Departments to strictly follow the procedure prescribed at para 13. Even if an Officer/official does not comply with the orders of the higher authorities i.e. HOD or Controlling Officer, as the case may be, disciplinary proceedings may be initiated against such officer/official under Rule 14 of the CCS (CCA) Rules, 1965. 16.4 The transfer orders will be issued very carefully and the work in the difficult/tribal/ hard/remote/rural areas may not bе allowed to suffer for want of working hands and the conditions of substitute will also be stipulated invariably in the transfer order itself, wherever necessary, in the interest of public. No transfer orders will be issued during the closure of Rohtang Pass in the winter season relating to stations of that area. 16.5 Minimum 05 (five) years tenure would be mandatory for the employees belonging to tribal area and "C", "D" & "E" categories of stations to serve in their home Districts except the categories of Officers/Officials who cannot be posted in their Home Stations.” The above clause also indicates that employees posted in difficult/tribal/hard area/most difficult areas etc., who after completion of normal tenure of two winters and three summers do not opt choice of stations for posting and -5- continue to serve there, can be transferred and posted anywhere in the State. It is for the respondents-State to reconsider its transfer policy for meeting the situations like the one presented in the instant case, where a person who belongs to hard area is continuing to render service for all practical purposes at one place ever since the inception of his service career and may do so till his superannuation, taking advantage of the Policy as it stands today. 4. Learned counsel for the petitioner submits that petitioner having served in hard area is again entitled to be transferred to a place of his choice since that option is given to him under the policy in existence. 5. Notwithstanding the observations made in para 3 above but keeping in view the Policy in force as on date, this writ petition is disposed of by permitting the petitioner to prefer a representation to respondent No.1 within five days from today. In case, such representation is so preferred, respondent No.1 shall consider and decide the same, in accordance with law, within further period of two weeks. The order so passed shall also be communicated to the petitioner. Till the decision of the representation, the petitioner shall not -6- be compelled to join at the transferred station and he may avail the leave of the kind due. It is further clarified that in case the petitioner fails to prefer the aforesaid representation within the stipulated period, the interim protection granted under this order shall be deemed to have been vacated. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 23rd May, 2025 Judge (Pardeep)