IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3313 of 2025 Date of Decision: 11.03.2025 _______________________________________________________ Desh Raj …….Petitioner Versus State of Himachal Pradesh & Another ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Surender Sharma, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, prayer has been made on behalf of the petitioner to issue directions to respondents to consider and decide his pending representation dated 07.02.2025 (Annexure P-4), whereby he has made request to transfer him from the present place of posting i.e. hard area to soft area or one of the station of his choice on account of the fact that he has already completed normal tenure of posting in hard area. 2. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Vishal Panwar, learned Additional Advocate General, who while accepting 1Whether the reporters of the local papers may be allowed to see the judgment? 2 notice on behalf of the respondents, fairly states that pending representation, if any, filed by the petitioner shall be decided expeditiously in accordance with law. 3. Having heard learned counsel representing the parties and perused material available on record, which is duly supported by way of an affidavit as well as documents annexed therewith, this Court finds that petitioner herein was appointed as TGT (Arts) on contract basis on 18.02.2021 and since then, he is working at Government Middle School Shakti, under complex Government Senior Secondary School Shanshar, Tehsil Sainj, District Kullu. Services of the petitioner were regularized on 31.05.2023, but yet he is working in the same school. Since petitioner has completed normal tenure of posting in the hard area i.e. two winter and three summer sessions and has also filed representation dated 07.02.2025 (Annexure P-4) to the competent authority for his transfer to soft area or one of the station of his choice, but yet his case is not being decided and as such, he is compelled to approach this Court in the instant proceedings. 4. Once it is not in dispute that petitioner has completed normal tenure of posting in the present place of posting, which is a hard area, coupled with the fact that there is a provision to transfer an employee after his/her having completed normal tenure of posting in 3 hard area, this Court sees no impediment in issuing directions to the respondents to consider and decide the pending representation of the petitioner in time bound manner. 5. Consequently, in view of the above, 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 07.02.2025 (Annexure P-4) of the petitioner expeditiously, preferably within a period of three weeks. 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 transfer policy, wherein specific provision has been made to transfer an employee from hard area to soft area after his/her having completed normal tenure of posting. 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. p (Sandeep Sharma), Judge March 11, 2025 (Rajeev Raturi)