IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2712 of 2025 Date of decision: 05.03.2025 Mahender Kumar. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Ms. Nandita, Advocate, proxy Mr. Mukul Sood, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua, Judge Petitioner is serving as Trained Graduate Teacher (Non-Medical) at GSSS Gumma, Block Chhohara, District Shimla w.e.f. 30.10.2017 and as such, has completed more than 7 years at this station, stated to be hard area. 2. CWP No.15227 of 2024 instituted by the petitioner seeking his transfer from the present place of posting to a station of his choice, was disposed of 13.12.2024 with direction to the respondents to decide petitioner’s representation by passing a speaking order. 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- The respondents in compliance to the above direction, issued office order on 03.02.2025 rejecting the case of the petitioner for his transfer from the hard area, where the petitioner had put more than 7 years. It is in the aforesaid circumstances, petitioner has instituted this writ petition. 3. Following order was passed in the matter on 28.02.2025:- “Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner, who has served for more than 7 years at GSSS Gumma (Chirgaon), District Shimla, is not being transferred by the respondents from the said place, only on the ground that 77 students are studying in the aforesaid school and petitioner is the only teacher working their. It is for the respondents to post another teacher at the school. Petitioner cannot be compelled to continue to serve in a Sub-Cadre area for more than 7 years. 3. Let learned Additional Advocate General to have instructions about posting the petitioner to another place in accordance with law by the next date of hearing. List on 05.03.2025.” 4. In compliance to above order, learned Additional Advocate General has placed on record office instructions dated Nil, March, 2025 from the Director, Elementary Education. Relevant portion of the same reads as under:- -3- “That it is respectfully submitted that the petitioner has been working at GSSS Gumma (Chirgaon) w.e.f 30.10.2017 and has completed his normal tenure there. At present (77) students are studying in GSSS Gumma and only one TGT (NM) is working there. As per provision contained in comprehensive guidelines Principles-2013 for regulating the transfer of State Government employees, it is specifically mentioned para 12.1. "All employees during their period of service will serve for at least single tenure in the Tribal/Hard area and remote/rural areas and transfer to a particular place of choice cannot be claimed as a matter of right. It will be the discretion of the State Government to post/transfer any employee anywhere in the State, keeping in view of the administrative exigencies. It is further submitted that the petitioner has requested for his transfer from GSSS Gumma to nearby station at his native place in Hamirpur District. At present there is no vacancy of TGT Non-Medical in District Hamirpur. Therefore, it is not feasible to transfer the petitioner from present place of posting to station of his choice.” 4(i). The reasoning for continuing to post the petitioner at GSSS Gumma, Block Chhohara, District Shimla, as given in the impugned order as well as in the instructions, cannot be accepted. The respondents have not disputed that petitioner has already served for more than 7 years at GSSS Gumma, Block Chhohara, District Shimla and that aforesaid place of posting falls under hard area. Petitioner is required to be transferred from hard area, he having completed much more than prescribed tenure. -4- It is for the respondents to ensure that studies of the children admitted in the school in question do not suffer by taking appropriate and necessary steps for posting of another teacher at the school. 4(ii). The second ground assigned by respondents for not transferring the petitioner to the station of his choice is that there is no vacancy of TGT (Non-Medical) in District Hamripur, opted by the petitioner. At this stage, learned counsel for the petitioner submits that petitioner be permitted to furnish fresh representation seeking his transfer from GSSS Gumma, Block Chhohara, District Shimla in consonance with law and applicable policy. Whereafter respondents/competent authority be directed to consider and decide the same in accordance with law within a time- bound schedule. 5. Taking note of above submissions, this writ petition is disposed of by permitting the petitioner to submit a fresh representation seeking transfer from GSSS Gumma, Block Chhohara, District Shimla, specifying five stations of his choice from two districts as per applicable transfer policy, within one week. In case such a representation is preferred, -5- the competent authority shall consider and decide the same in accordance with the law and the applicable transfer policy, while also keeping in view the above observations, within a further period of one week. The order so passed be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 5th March, 2025 Judge (Pardeep)