IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 246 6 of 2025 Decided on : 19 th February , 2025 __________________________________________________________ Rajesh Kumar ...Petitioner Versus State of HP & Ors. ...Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No. For the petitioner : Mr. Vinod Kumar Thakur, Advocate. For the respondents : Mr. Baldev Singh Negi, Additional Advocate General. Ranjan Sharma, Judge [Oral] Heard. Notice. Mr. Baldev Singh Negi, Learned Additional Advocate General appears and waives notice on behalf of respondents No. 1 to 3. 2. Petitioner, Rajesh Kumar; presently working as Trained Graduate Teacher [Non-Medical] in GSSS, Dalgaon, District Shimla [HP], has come up before this Court, seeking the following reliefs: 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes i) That writ in nature of mandamus may kindly be issued, directing the respondent No.2 to consider and decide the representation of the petitioner within prescribed time period; (ii) That writ in the nature of mandamus may kindly be issued, directing the respondent No.2 to transfer the petitioner nearby his home station keeping in view of his grievances. 3. Case as set up by Learned Counsel is that Petitioner is a Trained Graduate Teacher [Non-Medical], in GSSS, Dalgaon, Tehsil Rohru, District Shimla [HP], which is located in a difficult/remote area in terms of Transfer Policy, since 20.12.2020 till day. 4. Now, the grievance is that the petitioner has completed normal tenure of maximum 3 years at the aforesaid place in December, 2023 and upon completion of normal tenure, though the petitioner submitted Representation(s) on 19.08.2023 [Annexure P-1] and on 22.12.2023 [Annexure P-2], for considering his case for transfer at a convenient station in a soft are [in District Hamirpur] in terms of the Existing Transfer Policy, but nothing has been done by the State Authorities as yet. 2 5. Per Contra, Learned State Counsel states that Representations dated 19.08.2023 [Annexure P-1] and 22.12.2023 [Annexure P-3], submitted by petitioner are not in conformity with Clause 16.1 of Transfer Policy providing that upon completion of normal tenure in difficult/remote area, an employee can seek consideration of his case posting at one of the five stations of choice in more than one districts and therefore, representations are not in tune with the transfer policy. 6. Faced with this eventuality, Learned Counsel states that petitioner shall be making a fresh representation in terms of Clause 16.1 of policy, indicating five stations of choice in more than one district(s), to Respondent No.2-Director of Elementary Education, Himachal Pradesh, within ten days from today, which may be directed to be considered/examined. 7. Taking into account the entirety of facts and circumstances and the submission of Learned 3 Counsel for petitioner [in Para 6 supra], this Court, disposes of the instant writ petition, with the following directions : (i) Petitioner is permitted to make fresh representation to Respondent No.2- Director Higher Education, Himachal Pradesh, Shimla within a week from today; for transfer from difficult/remote area i.e. GSSS Dalgaon, District Shimla to a station of choice, in terms of Clause 16.1 of Existing Transfer Policy; (ii) Upon receipt of representation, as in Direction No. (i) above, Respondent No.2-Director Higher Education, Himachal Pradesh, shall examine the representation, in light of Clause 16 of Existing Transfer Policy, and then to pass appropriate orders, in accordance with law, after affording a personal hearing to petitioner on or before 28.03.2025; (iii) Needless to say that this Court has not adverted to the merits and all questions are left open, which may be examined/considered by respondents, hereinafter, in accordance with law; (iii) No order as to costs. In aforesaid terms, the instant petition and all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) February 19, 2025 Vacation Judge (Vriti) 4