IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3765 of 2025 Date of Decision: 28.5.2025 _____________________________________________________________________ Mukesh Kumar ……...Petitioner Versus State of Himachal Pradesh and Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Ms. Shivangi Sharma, Advocate, vice Mr. Vikas Rajput. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Non- Medical) at Senior Secondary School Kothi Kohar (Chhota Bhangal), District Kullu, Himachal Pradesh, has approached this Court, seeking therein direction to the respondents to transfer from afore station to place of choice, as mentioned in para-8 of the petition, without any condition of substitute. 2. Prior to filing of the petition, petitioner for similar relief, approached this Court by way of CWP No. 4932 of 2023, titled Mukesh Kumar v. State of Himachal Pradesh, which came to be disposed of with direction to the respondents to consider and decide - 2 - representation dated 13.9.2022, submitted by the competent authority, seeking his transfer from present place of posting to one of the station of his choice. 3. Though pursuant to direction contained in afore order, representation was taken into consideration, but it appears that representation of the petitioner came to be decided, but since Director (Higher Education) did not make any promotion from the post of TGT to PGT, petitioner herein could not be accommodated to one of the stations of his choice. In the aforesaid background, petitioner has approached this Court in the instant proceedings, seeking therein direction to the respondents to transfer him, but without the condition of substitute. 4. Having perused averments contained in the petition, which is duly supported by an affidavit, this Court is convinced and satisfied that petitioner has already completed normal tenure of posting in hard area. If it is so, he is otherwise entitled to be posted in soft area or one of the stations of his choice in terms of transfer policy, which enables an employee who has served hard area/difficult area for a requisite period to seek posting in soft area or one of the stations of his choice. 5. Though there is no specific denial by the petitioner for transfer from hard area to the soft area, but repeatedly, claim put forth by the petitioner is being rejected on the ground that no - 3 - substitute is available. Transfer policy, if perused in entirety, nowhere suggests that an employee after his/her having served the tribal area shall not be transferred till the joining of the substitute. Once transfer policy provides for transfer of any employee after completion of two winters and three summers in hard area, it is the duty of the respondents to ensure that substitute in place of an employee, seeking transfer is provided forthwith so that an employee, who with utmost devotion and sincerity renders his service for requisite period in the hard /tribal area. 6. Since transfer policy enables an employee to seek transfer from hard area to soft area after completion of normal tenure of posting, no condition, if any, can be imposed with regard to substitute, rather on account of transfer, if any, of the employee concerned, arrangements are to be made by the government to provide a substitute. 7. Clause 13.1 of the office memorandum dated 10.7.2013, clearly reveals that it shall be mandatory and responsibility of the Appointing Authority or the Controlling Authority as the case may be, to relieve the employees transferred, to tribal/difficult/hard areas, within seven days from the date of issuance of such order. 8. Consequently, in view of the above, present petition is allowed and respondents are directed to transfer the petitioner from present place of posting to one of the stations of his choice, detail - 4 - whereof shall be furnished by the petitioner within one week, but without imposing condition of substitute. In the aforesaid terms, present petition is disposed alongwith pending application(s), if any. May 28, 2025 (Sandeep Sharma), (manjit) Judge