2025:HHC:4900 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2891 of 2025 Date of Decision: 05.03.2025 _______________________________________________________ Poonam …….Petitioner Versus State of Himachal Pradesh and others. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Aashima Premy, Proxy counsel vice Mr. Ajay Thakur, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Pursuant to order dated 03.03.2025, learned Additional Advocate General has placed on record instructions dated 4th March, 2025, issued under the signatures of Director Elementary Education, Himachal Pradesh, perusal whereof reveals that though one post at Government Senior Secondary School, Tihra, Tehsil Dharampur, District Mandi, Himachal Pradesh is lying vacant, but since Department has shown its inability to post the petitioner in the afore station on the ground that since there is none to replace the petitioner, 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:4900 studies of the students studying in the afore school will be affected. Instructions placed on record also reveal that prior to filing of the petition at hand, petitioner by way of CWP No.11221 of 2024 had also sought direction to the respondents to transfer her from hard area to soft area. Though afore petition was disposed of on 3.10.2024 with the direction to the respondents to transfer the petitioner on priority basis, but fact remains that till date, she has been not transferred. 2. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity to call for the reply on behalf of the respondents, who otherwise in terms of order dated 3.3.2025 have placed on record instructions. 3. Since, it is not in dispute that in terms of transfer policy, an employee after his/ her having completed normal tenure of posting, is entitled to be posted in soft area or one of the stations of his/her choice, prayer made on her behalf for transfer deserves to be allowed. No doubt, on account of transfer of a teacher, studies of the students cannot be permitted to suffer, but since academic session in the school from where the petitioner is seeking transfer is likely to be concluded in the month of March, 2025, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider the case of the petitioner for transfer from the present place 3 2025:HHC:4900 of posting to one of the stations of her choice after completion of academic session. Ordered accordingly. Petitioner is directed to file representation detailing therein five stations of her choice, in which she can be posted on account of her transfer from present of place of posting within a period of one week, which in any eventuality, shall be decided by the competent authority in terms of the instant order on or before 15.04.2025. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass detailed speaking order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, if she still remains aggrieved. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge March 05,2025 (shankar)