IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 16878 of 2026. Decided on : 28 th September , 2026 Priyanka Verma ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ajay Kumar Dhiman, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General for respondents No.1 to 3. . Jyotsna Rewal Dua, Judge. Notice confined to respondents No.1 to 3. Ms. Menka Raj Chauhan, learned Deputy Advocate General appears and waives service of notice on behalf of respondents No.1 to 3. 2. Petitioner is working as Lecturer (School-New) Hindi. Petitioner is aggrieved against office order dated 23.09.2026 transferring her as Lecturer (School-New) Hindi from GSSS Misserwala, District Sirmaur to GSSS Soda Dihari, District Sirmaur, by clubbing her previous stay within 30 kilometers. 3. Learned counsel for the petitioner submits that the place where petitioner has been transferred falls under a difficult area. The 1 Whether reporters of the local papers may be allowed to see the judgment? 2 petitioner has previously served for a period of about one year at GSSS Badwas, which was also a difficult area. That petitioner's son suffers from Autism Spectrum Disorder and needs special care. For this reason, the petitioner was transferred to GSSS Paonta Sahib in 2020 and then in the near vicinity to GSSS Bata Mandi, Paonta Sahib, District Sirmaur in 2022. She was transferred to GSSS Missarwala, Paonta Sahib, District Sirmaur in 2024. Learned counsel submits that though in this manner petitioner has completed about six years in and around Paonta Sahib, however, only on account of her son, who is in need of special care. It will be very difficult for the petitioner to serve at GSSS Soda Dihari, which is at a distance of about 100 kilometers from petitioner's present place of posting. Learned counsel for the petitioner also takes help of Clause 6.8 of Office Memorandum dated 17.09.2015, providing as under: “Concession to officials having differently abled dependents; The Government employee who has disabled child may be exempted from the routine exercise of transfer/rational transfer subject to the administrative constraints, as far as possible, the work “disabled” included (I) blindness or low vision (hearing impairment (iii) locomotors disability or Cerebral Palsy (iv ) mental illness and (vii) multiple disabilities.” As per aforesaid provision, a government employee having a disabled child can be exempted from routine exercise of transfer/ rotational transfer, subject to administrative constraints as far as possible. 3 The petitioner having completed about six years in and around her current place of posting, learned counsel for the petitioner submits that petitioner would be satisfied if she is permitted to make a representation to respondent No.2/competent authority, seeking her adjustment in light of Clause 6.8 of Office Memorandum dated 17.09.2015 to a suitable place, with direction to respondent No.2/competent authority to consider the representation to be made by the petitioner within a time-bound schedule. 4. Accordingly, without disturbing transfer of respondent No.4 to petitioner’s place of posting, this writ petition is disposed of with direction that in case petitioner files representation within two days from today, the respondents/competent authority shall consider and decide the same in accordance with law within seven days thereafter. While deciding the representation endeavour be made to accommodate the petitioner keeping in view the condition of her son, who is stated to be suffering from Autism Spectrum Disorder, vis-à-vis the benefits/concessions made available to the officials having differently-abled dependents under Clause 6.8 of Office Memorandum dated 17.09.2015. Till such decision, respondents shall not compel the petitioner to join at the transferred 4 station. She would be at liberty to take leave of the kind due. Pending applications, if any, also stand disposed of. Jyotsna Rewal Dua Judge 28th September, 2026. (jai)