2025:HHC:6825 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.3885 of 2025 Date of Decision: 20.03.2025 _____________________________________________________________________ Sapna Chaudhary ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. B.C Verma & Mr. Vishal Panwar, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as TGT (Medical) on contract basis at Government High School, Deol, Tehsil Holi, District Chamba, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein direction to the respondents to consider and decide the representation (Annexure P-1) for her transfer from hard area to soft area or one of the station of her choice on account of her having completed normal tenure of posting in hard area. 2. Precisely, the facts of the case, as emerge from the record are that petitioner herein was initially appointed as TGT (Medical) on contract basis in the year 2022 and since then, she has been working at Government High School, Deol, Tehsil Holi, District Chamba, Himachal Pradesh. Though, on 15.07.2024, services of the petitioner were regularized, but yet she was not transferred. Since petitioner has already completed normal tenure of posting i.e. two winters and three summers at present place of posting, which admittedly falls in hard area, she has filed representation to the competent authority for her transfer, but since no heed has been paid to the same, she is compelled to approach this Court in the instant proceedings. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General. While accepting notice on behalf of the respondents, Mr. B.C.Verma, learned Additional Advocate General, fairly states that since services of the petitioner were regularized on 15.07.2024, she cannot be said to have completed normal tenure of posting, however, this Court is not impressed with the aforesaid submission of Mr. B.C.Verma, learned Additional Advocate General, for the reason that petitioner, may be on contract basis, was appointed in the school concerned in the year 2022 and since then, she has been working there continuously. Transfer Policy, if perused in its entirety, nowhere makes any distinction between employees appointed on contract or regular basis, rather similarly provides that employee after his/her having completed 2 normal tenure of posting i.e. two winters and three summers, is entitled to be transferred to soft area or one of the station of her choice. If it is so, there appears to be no impediment in issuing directions to the respondents to consider and decide the representation of the petitioner. 3. 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 (Annexure P-1) filed by the petitioner expeditiously, preferably within a period of four weeks from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders thereupon taking note of Transfer Policy formulated by Government of Himachal Pradesh. Pending applications, if any, stand disposed of. March 20, 2025 (Sandeep Sharma), (sunil) Judge 3