The main legal point established in the judgment is the application of Clause 16.2 of the transfer policy, which allows the petitioner to make a fresh representation indicating stations of choice and directs the respondent to consider and examine the representation in accordance with the existing norms and principles governing transfer.

JUDGMENT :

(Ranjan Sharma, J.)

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.

3. The petitioner has filed the instant writ petition with the following prayer(s):-

“(i) That writ of mandamus may kindly be issued, directing the respondent authorities to transfer the petitioner within a time bound period from the present place of posting i.e. Government Senior Secondary School Udaipur, District Lahaul-Spiti, H.P. to one of the stations of her choice as mentioned in Para 7 supra.”

4. The petitioner is a Trained Graduate Teacher (Medical) in Elementary Education Department of the State Government. The petitioner joined her first appointment as TGT (Medical), on contract basis, on 01.05.2019 and she joined in Government Senior Secondary School, Udaipur, District Lahaul-Spiti, [located in a tribal area] on 02.05.2019. While working in said school, the petitioner was regularized on 31.12.2021 and she is continuing as such in the same school till day. It is not in dispute that the petitioner has been serving in the aforesaid school in the tribal area from 02.05.2019 and has completed more than four and half years at the said station.

5. Now, the only grievance of the petitioner is that the petitioner has completed the normal tenure of two winters and three summers in a tribal area and she has made a representation on 13.10.2023 (Annexure P-1) seeking transfer from present place to a place in a soft area i.e. in Government High School Badgran Bihal which, as per the petitioner, is still pending.

6. Per contra, Mr. Vishal Panwar, learned State Counsel, submits that representation dated 13.10.2023 (Annexure P-1) is not in consonance with the provisions of Clause 16.1 of the Transfer Policy which mandates that the employee who has completed normal tenure in the tribal/hard/difficult/remote/rural area is required to submit five stations of choice and that too in more than one districts. He further submits that in case the petitioner makes a fresh representation indicating stations of choice in a soft area, in terms of Clause 16.1 of the transfer policy, her case would be considered expeditiously.

7. Faced with this situation, Mr. Surender K. Sharma, learned counsel for the petitioner, submits that the petitioner may be permitted to make a fresh representation within a stipulated period. The prayer so made, being innocuous, is not opposed by the learned State Counsel.

8. In the entirety of the facts referred to above, this Court, permits the petitioner to make a fresh representation indicating stations of choice as per Clause 16.2 of the transfer policy; to Respondent No.2-Director, Elementary Education, Himachal Pradesh, Shimla, within two weeks from today; with further directions to the aforesaid respondent to consider/examine the representation in the light of Clauses 12 & 16 of the existing norms/principles governing transfer and then to pass appropriate orders in accordance with law within four weeks thereafter.

9. Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all questions of facts and law are left open.

In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.