( 2025:HHC:5165 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 954/2025 Decided on: 07.03.2025 Sunny Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Tanuj Thakur, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General, for respondent No.1 & 2. Mr. M.A. Safee, Advocate, for respondent No.3. Jyotsna Rewal Dua , J Heard. 2. Petitioner and respondent No.3 are serving as Veterinary Pharmacist in the Animal Husbandry Department. 2(i) Respondent No.3 instituted CWP No.14776/2024 seeking his transfer from Veterinary Dispensary Chasak, (Pangi), District Chamba-tribal area to a soft area of his choice. Prayer was made in view of the fact that respondent No.3 had completed his tenure in tribal area as prescribed in the applicable transfer policy and thus was entitled to a posting in a soft area of his choice. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 ( 2025:HHC:5165 The aforesaid petition was decided on 06.12.2024 with direction to the respondent-State to consider and decide the representation preferred by respondent No.3 for his transfer from tribal to soft area, in accordance with law, within a period of three weeks. 2(ii) Representation of respondent No.3 was accordingly considered by respondent No.2 and consequently on 08.01.2025 an office order was issued transferring respondent No.3 at Veterinary Dispensary Bhunad, District Chamba, which was one of the stations of his choice. The transfer and posting of respondent No.3 was vice the present petitioner. Feeling aggrieved against his transfer to Veterinary Dispensary Chasak, (Pangi), District Chamba vice respondent No.3, the present petitioner has instituted this writ petition. 3. The main contention of learned counsel for the petitioner is that the petitioner had not completed his normal tenure at Veterinary Dispensary Bhunad, District Chamba; He was posted there only in August 2023, therefore, he should not have been disturbed from his present place of posting in order to accommodate respondent No.3. Learned counsel for respondent No.3 submits that though in view of interim order dated 10.01.2025, respondent No.3 has not been permitted to join at the transferred station, he, however, 3 ( 2025:HHC:5165 has been temporarily adjusted at Veterinary Hospital Bhalei, District Chamba. 4. The facts pertaining to the petitioner as also of respondent No.3 are not in dispute. It is an admitted case that respondent No.3 has completed his normal tenure of service in tribal area. He, thus, is entitled to be posted to a soft area of his choice as per policy, but on the other hand, it is also to be borne in mind that the petitioner is also entitled to complete his normal tenure at Veterinary Dispensary Bhunad, District Chamba, where he was transferred only in August 2023, therefore, in the interest of justice, this writ petition is disposed of with following directions:- 4(i) The impugned office order dated 08.01.2025 is quashed and set aside. 4(ii) Respondent No.2/competent authority is directed to consider the case of transfer of respondent No.3 afresh. Respondent No.3, for this purpose as prayed for by his learned counsel, is permitted to file a fresh representation to to respondent No.2/competent authority, within a week, indicating five stations of his choice as per applicable policy. Whereafter, the competent authority shall consider and decide the same, in accordance with law and as per applicable transfer policy within two weeks thereafter. Till the representation, to be made by respondent No.3, is decided, respondent No.3 shall be permitted to continue to work at the present 4 ( 2025:HHC:5165 place of posting i.e. Veterinary Hospital Bhalei, District Chamba. The order so passed shall also be communicated to respondent No.3. It is, however, made clear that in case, respondent No.3 does not make any representation within the aforesaid period, interim protection will not come to his rescue. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 07th March, 2025(rohit)