IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2580/2025 Decided on: 25.02.2025 Rajan Ranout …Petitioner Versus State of H.P. & Ors. ....Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Surinder Prakash Sharma, Advocate. For the respondents : Mr. Amandeep Sharma, Additional Advocate General, for respondents No.1 to 3. Jyotsna Rewal Dua , J Petitioner feels aggrieved against the order dated 22.02.2025 (Annexure P-1), whereby he has been transferred from Government Senior Secondary School Takoli, District Una to Government Senior Secondary School Khunachi, Tehsil Thunag, District Mandi. 2. Learned counsel for the petitioner pleads that the petitioner was appointed as Trained Graduate Teacher (Non- Medical) on 12.10.2017; He was accordingly posted as such at Government Middle School Charna under complex Government Senior Secondary School Bhatgarh, District Sirmaur stated to be 1 Whether reporters of the local papers may be allowed to see the judgment? 2 difficult/sub cadre area; On 04.01.2019, petitioner was transferred to Government High School Bhaloun under complex Government Senior Secondary School Chauki Maniar, District Una; Petitioner was next transferred to Government Model Senior Secondary School Takoli, District Una on 28.04.2022; Vide impugned order dated 22.02.2025, petitioner was transferred from Government Senior Secondary School Takoli, District Una to Government Senior Secondary School Khunachi, District Mandi. 3. The impugned order dated 22.02.2025 not only transfers the petitioner to Government Senior Secondary School Khunachi, Tehsil Thunag, District Mandi, but also brings respondent No.4 from Government Senior Secondary School Khunachi, Tehsil Thunag, District Mandi to petitioner’s place at Takoli, Una. The order has been passed consequent upon a decision rendered in Manju Devi’s Vs. State of Himachal Pradesh2 instituted by respondent No.4. 4. Learned counsel further submitted that the petitioner has not completed his normal tenure at the present place of posting and further that the petitioner has been transferred to a difficult area, whereas he has already served difficult area w.e.f. 12.10.2017 to 03.01.2019. 2CWP No. 837/2024 decided on 23.10.2024 3 4(i) Petitioner’s first contention of non completion of normal tenure at the present place of posting for assailing the transfer order is misplaced. The petitioner is just short of 2 months in completing his normal tenure. Having observed this, impugned order dated 22.02.2025, transferring respondent No.4 in place of petitioner at Government Senior Secondary School Takoli, District Una is not required to be interfered with. It is for this reason, notice of this petition is not required to be issued to respondent No.4. Even otherwise learned counsel for the petitioner has fairly submitted that respondent No.4 has since joined at the place of petitioner at Government Senior Secondary School Takoli, District Una. 4(ii) The second contention of the petitioner is that he has already served in difficult area but under the impugned transfer order, has been sent again to difficult/hard area. This aspect is required to be examined, in accordance with law and applicable transfer policy by the respondent/competent authority. Learned counsel for the petitioner submitted that petitioner be permitted to represent to respondent No.2/competent authority in this regard, whereafter the said respondent be directed to consider and decide the representation to be made by the petitioner within time bound schedule. In view of above submissions, the instant writ petition is disposed of by permitting the petitioner to make a representation 4 to respondent No.2/competent authority, within a period of two days from today, who shall in turn, consider and decide the same, in accordance with law and applicable transfer policy, within a further period of one week, thereafter. The order so passed shall also be communicated to the petitioner. In the meanwhile, it shall be open for the petitioner to take leave of the kind due, however, in case, petitioner 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 25th February, 2025 (rohit)