IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4124 of 2025 Decided on: 23rd June, 2025 _________________________________________________________________ Rajeev Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Sanjeev K. Motta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Sikandar Bhushan, Deputy Advocate General. Jyotsna Rewal Dua, Judge Gist of petitioner’s case was noticed in the following order passed in this petition on 22.03.2025:- “Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. In the impugned order issued on 02.07.2024, the respondents have not disputed the fact that petitioner is serving in remote/rural/backward area for more than four years. Till date, he has not been transferred on the ground that 19 students are studying in the school in question and in case, the petitioner would be transferred in the mid academic sessions, the studies of students would suffer adversely. It is for the respondents to ensure that students do not suffer, however, on that count the petitioner cannot 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - be compelled to continue to serve for years together at one station, which incidentally is remote/rural/backward area. 3. Learned counsel for the petitioner submits that even otherwise the academic session in the school in question would be over on 31.03.2025. Learned counsel further submits that petitioner’s is a couple case and thus entitled for the concession given to the couple cases as per the applicable policy. 4. In view of above, let learned Additional Advocate General to have instructions for posting of the petitioner in terms of his representation dated 23.02.2025 (Annexure P1). List on 08.04.2025.” 2. Pursuant thereto, respondents placed on record office instructions dated 07.04.2025. As per these instructions, petitioner had been working at GMS Kando Cheyog, u/C GSSS Jamna, District Sirmour, against the post of TGT (NM) w.e.f. 25.02.2021; The aforesaid is not a hard area but soft area as per the transfer policy. The office instructions are also to the effect that the petitioner had sought his adjustment in District Kangra at stations which were not vacant. 3. In view of above, learned counsel for the petitioner submits that petitioner be permitted to make a fresh representation to the respondents as some vacancies are going to fall vacant due to promotions in the near future. Learned counsel further submits that petitioner is entitled to concession flowing from Clause 5.4 of the Transfer Policy as - 3 - his wife is serving in the Heath Department and is posted at Government Hospital Jawali, District Kangra. It is for the petitioner to make a representation and for the employer to consider and decide the same in accordance with law. 4. In view of petitioner’s submission that the petitioner is interested to make a fresh representation on account of vacancies to be caused due to promotions in near future, this writ petition is disposed of by permitting the petitioner to make a fresh representation to the respondent No.2 /Competent Authority, who shall consider and decide the same, in accordance with law and applicable transfer policy within a period of two weeks from receipt thereof. The decision so taken, be communicated to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge June 23, 2025 R.Atal