2025:HHC:4103 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.2859 of 2025 Date of Decision: 01.03.2025 _____________________________________________________________________ Reeta Devi ……...Petitioner Versus State of Himachal Pradesh and Another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Jagat Pal, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent/State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Since representation of the petitioner, who at present is working as TGT (Non-Medical) in Government Senior Secondary School, Devi Kothi, District Chamba, Himachal Pradesh, for her transfer from hard area to soft area is not being considered, she is compelled to approach this Court in the instant proceedings, praying therein for following main relief: “i. That the respondents may very kindly be directed to transfer the petitioner from the difficult/ tribal/hard/most difficult area to soft area as per the clause 16.1 of transfer policy and adjust her in one of the stations mentioned in para 5 of the petition in the interest of justice i.e. a) GHS Nandpur Bhatoli, District Kangra (Overstay). b) GSSS Daroka at Barial, District Kangra (Clubbing). 2025:HHC:4103 2 c) GSSS Haripur, District Kangra (Clubbing). d) GSSS Nagrota Surian, District Kangra (Clubbing). e) GSSS Spail, District Kangra, H.P.” 2. Having regard to the nature of prayer and order proposed to be passed in the instant proceedings, this Court sees no necessity to call for reply from the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional Advocate General. Mr. Kahol states that though petitioner herein was given appointment in hard area in the year 2022, but on contract basis. He states that since services of the petitioner were regularized on 15.07.2024, minimum period of three years, as required in transfer policy, would only commence from 15.07.2024. However, this Court does not find any force in the aforesaid submission of Mr. Kahol. Transfer policy promulgated by the State of Himachal Pradesh, if perused in its entirety, clearly reveals that it does not make any distinction between regular and contract service, rather, in terms of Clause 16.1 of transfer policy, an employee after his/her having served three years in hard area is entitled to be posted at one of the station of his choice. 3. Once it is not in dispute that petitioner is a Government employee, who though was initially appointed on contract basis but subsequently regularized, no difference otherwise can be permitted to be made by the respondents inasmuch normal tenure as prescribed in transfer policy is concerned. Once transfer policy itself provides for 2025:HHC:4103 3 transfer of an employee to a soft area after his/her having completed three years of service, coupled with the fact that petitioner has already made representation to the competent authority, this Court sees no impediment in accepting the innocuous prayer made on behalf of the petitioner for consideration of her representation. 4. Consequently, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, with a direction to the respondents to consider and decide the pending representation dated 14.02.2025 (Annexure P-3), expeditiously, preferably, within a period of two weeks, taking note of provisions contained in the transfer policy as well as observations made in the instant order. Ordered accordingly. 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 appropriate order thereupon. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. March 01, 2025 (Sandeep Sharma), Rajeev Raturi Judge