( 2025:HHC:3041 ) IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMP No: 2333 of 2025 IN CWP No. 2397 of 2025 Decided on: 17.02.2025 Uttam Chand ...Petitioner Versus State of Himachal Pradesh & Anr. ...Respondents Coram: HON'BLE MR. JUSTICE RANJAN SHARMA, VACATION JUDGE WHETHER APPROVED FOR REPORTING? For the petitioner : Mr. Abhishek Dulta, Advocate. For the respondents : Mr. Hemant Kumar Verma, Deputy Advocate General. Ranjan Sharma, Judge Heard. Mr. Hemant Kumar Verma, Learned Deputy Advocate General appears and waives service of notice on behalf of the respondents-State. The petitioner has filed the writ petition with the following prayer:- ( 2025:HHC:3041 ) (i) That the impugned order of transfer dated 05.02.2025 [Annexure P-1] being unreasonable, may kindly be quashed and set aside qua the Petitioner further directing the Respondents to allow the Petitioner to continue at Forest Rest House, Fatehpur, District Kangra H.P, in view of his medical condition and impending retirement. ” 2. Grievance of the petitioner [Uttam Chand], as put-forth by Mr. Abhishek Dulta, Learned Counsel for petitioner is that petitioner is a Class-IV employee, working as Peon, in Rest House, Fatehpur since 27.01.2024 under Divisional Forest Officer, Nurpur Forest Division, Nurpur, but in terms of Impugned Order dated 05.02.2025 [Annexure P-1], the petitioner has now been deployed/transferred from Fatehpur Block, Jawali Range to Badhui Bridge for resorting to ongoing failing programme in Nurpur Range. 3. Impugned Order dated 05.02.205 [Anneuxre P-1] has been assailed, on the ground, that the petitioner was posted in Forest Rest House, Fatehpur on 07.01.2024 [Taken on Record] and the Impugned Order dated 05.02.2025 [Annexure P-1] transferring the petitioner after a short and ( 2025:HHC:3041 ) incomplete stay of one year is contrary to Transfer Policy; and secondly, transfer which ensuring petitioner to complete normal tenure of three years at Forest Rest House, Fatehpur is arbitary; and thirdly, as Medical Certificate [Annexure P-2 Colly.] the petitioiner is suffering from incapacitation of his left leg due to which he is unable to perform duties at Badhui Bridge, which required consistent standing which shall adversely effect his health also. 4. Per-contra, Learned State Counsel states that the petitioner had been working in Rest House, Fatehpur and earlier in Fatehpur Block for quiet sometime and his completed normal tenure. 5. Faced with these situation, Learned Counsel for petitioner, on Instructions, states that the petitioner shall be satisfied, in case, he is permitted to make representation to Respondent No. 2 [Divisional Forest Officer, Nurpur] pointing out his grievances, which may be examined/considered, in accordance with law. ( 2025:HHC:3041 ) 6. Taking into account the entirety of the facts and circumstances and leaving all questions open, and as prayed for by Learned Counsel for petitioner, this Court, disposes of the instant writ petition, with the following directions: (i) As agreed to by Learned Counsel for petitioner, on Instructions, the petitioner is permitted to make a representation to Respondent No. 2 [Divisional Forest Officer, Nurpur], pointing out his hardships, grievances, including medical that shows as in Annexure P-2; within one week’ from today and not later than 24.02.2025; (ii) On receipt of representation as in (i)above, Respondent No. 2 [Divisional Forest Officer, Nurpur] , shall examine the representation in view of hardships and medical exigencies, and pass appropriate orders in the matter, after affording a personal hearing to petitioner on or before 28.02.2025, in accordance with law, expeditiously; (iii)Needless to say that this Court had not adverted to the merits of case and all questions are left open, to be extend/considered and decided by Respondent No.2, in accordance with law. 7. In view of the circumstances detailed hereinabove, till the representation is examined and decided, the operation of the Impugned Order dated 05.02.2025 [Annexure P-1], ( 2025:HHC:3041 ) transferring-deploying the petitioner from Fatehpur Block, Jawali Range to Badhui Bridge , shall remain stayed, qua the petitioner, in case the petitioner has not relieved, from present place of posting as on day. In aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, also stand disposed of. (Ranjan Sharma) Vacation Judge February 17, 2025 (Shamsh Tabrez)