IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3215 of 2025 Date of Decision:04.04.2025 _______________________________________________________ Rakesh Kumar …….Petitioner Versus The State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Onkar Jairath, 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, for the respondent-State. Mr. Narender Singh Thakur, Advocate, for respondent No.4. ____________________________________________________ Sandeep Sharma, Judge(oral): Reply on behalf of respondents No.1 to 4 are on record, perusal whereof clearly reveals that the petitioner herein, who at present is working as TGT(Non-Medical) in the Education Department, District Una, Himachal Pradesh, has remained posted in District Una, Himachal Pradesh for more than 15 years. Reply further reveals that petitioner herein mostly remained posted at Government High School, Kuthera-Kherla and Government Senior Secondary School, Thathal Amb, District Una, Himachal Pradesh, which are at 1Whether the reporters of the local papers may be allowed to see the judgment? 2 the distance of 5 KM. Though, impugned transfer order reveals that the petitioner has been transferred within a period of one year from his previous transfer, but since it is apparent from the replies filed by the respondents that petitioner remained posted in two schools, as detailed hereinabove, for more than 10 years, this Court sees no reason to interfere in the impugned transfer order and as such, same is upheld. 2. However, having taken note of the fact that the petitioner’s mother is suffering from cancer, coupled with the fact that petitioner has already filed representation to the competent authority for cancellation of his transfer order on medical grounds, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation (Annexure P-5) of the petitioner expeditiously, preferably within a period of one week. 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 detailed speaking order thereupon taking note of the transfer policy, which admittedly provides for transfer of an employee on account of adverse family circumstances/ medical grounds. Till the time, representation filed by the petitioner is not decided in terms of instant order, interim order dated 7.3.2025 shall remain in force, whereafter relieving of 3 respondent No.4 from GMS Ghat-Muhat u/s Government Senior Secondary School, Panjain, Block Seraj-II, Tehsil Balichowki, District Mandi, Himachal Pradesh shall not be delayed on account of non- joining of petitioner, rather she shall be relived immediately, enabling her to join at the transferred station. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge April 04, 2025 (shankar)