2026:HHC:2639 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 729 of 2026 Date of Decision: January 8, 2026 Ashish Kumar …….Petitioner Versus State of Himachal Pradesh and others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Adarsh K. Vashista and Mr. Shivom Va- shista, Advocates. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Ad- vocates General. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as a Lecturer (History) at Government Senior Secondary School, Tikroo, Tehsil Salooni, District Chamba, Himachal Pradesh has approached this Court, seeking therein di- rections to the respondent-State to consider and decide his pending repre- sentation, (Annexure P-4), whereby he has prayed for his transfer from afore station to one of the stations, detailed therein, on the ground of ad- verse family circumstances. It is averred in the petition, which is duly sup- ported by an affidavit that wife of the petitioner is a patient of schizophrenia and is under treatment from Neuro Psychiatric & Medical Surgical Centre, Pathankot. Since, on account of his posting at a far flung station, petitioner is finding it difficult to take care of his wife, he has filed representation, An- nexure P-4) to the competent authority, for his transfer. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- 2. Having regard to the nature of order proposed to be passed in the instant proceedings and prayer made therein, this court sees no necessity to call for reply from the respondents, who are duly represented by Mr. Ra- jan Kahol, learned Additional Advocate General. Mr. Kahol, learned Addi- tional Advocate General states that it is the first posting of the petitioner at Government Senior Secondary School, Tikroo, as such, he cannot dictate terms rather, it is sole prerogative of the employer to post an employee. 3. True it is that it is the sole prerogative of the employer to post an employee at a particular station, but once, Comprehensive Guiding Prin- ciples formulated by the State Government provides for adjustment/transfer on account of adverse family circumstances, this court sees no impediment in issuing a direction to respondent No.2/competent authority to consider and decide the pending representation, (Annexure P-4) of 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 this order, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereafter, taking into consideration medical condition of the wife of the petitioner. Petition stands disposed of in the afore terms. All pending applica- tions also stand disposed of. (Sandeep Sharma), Judge January 8, 2026 (Vikrant)