The central legal point established in the judgment is the need for fair and equal treatment of employees, non-discrimination, and non-arbitrariness in state action as per Articles 14 and 16 of the Constitution of India, in the context of employee transfers and adherence to the Transfer Policy and previous court judgments.

JUDGMENT :

RANJAN SHARMA, J.

1. Notice. Mr. Rajan Kahol, 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 orders intended to be passed herein.

3. The petitioner has filed the instant writ petition with the following prayers:

“(a) That the respondents may kindly be directed to transfer the petitioner from present place of posting i.e. Government Senior Secondary School Rathal, Post Office Bholar, Tehsil Chirgaon, District Shimla, H.P. to any one station mentioned in para 6 Supra.

(b) That the respondents may kindly be directed to decide and consider representation of the petitioner as per law and policy in time bound manner.”

4. Case of the petitioner in brief is that he was appointed as a TGT (Non-Medical), on contract basis, in GSSS Lakadhar, Tehsil Chirgaon, District Shimla, which is a remote/rural area on 11.11.2019. While working at the said place, the petitioner was regularized in April,, 2022. Consequently, the petitioner is working at the same station.

5. Now, the grievance of the petitioner is that in terms of the mandate of Clauses 12 and 16 of the Transfer Policy issued by the State Government on 10th July, 2013, as amended from time to time, an employee is required to serve for two winters and three summers in the rural/remote area in terms of the policy. Despite having completed the requisite normal tenure in the aforesaid rural/remote area, the respondents have transferred to soft area, despite representation dated 03.08.2023, Annexure P-1, whereby, in Para-3, the petitioner has indicated six stations of choice therein.

6. Per contra, Mr. Rajan Kahol, learned Additional Advocate General, submits that a perusal of the representation dated 03.08.2023, Annexure P-1, reveals that the petitioner has indicated five stations in Para-3 of the representation, which are in one District, whereas, five stations should have been indicated and that too more than one Districts, as per existing Transfer Norms.

7. Mr. Sanjeev Kumar Motta, learned counsel for the petitioner, submits that though the representation dated 03.08.2023, Annexure P-1, indicating six stations, but as on day, some stations as indicated in the representation, have been filled-up, by way of appointment/transfer and the petitioner may be permitted to furnish fresh stations of choice in soft areas, in terms of Clause 16.1 of the Transfer Policy. The prayer so made by Mr. Sanjeev Kumar Motta, learned counsel for the petitioner, requesting to furnish additional stations, by way of fresh representation, being innocuous, is not opposed by learned State Counsel and the same, in the interests of justice, is accordingly granted.

8. In the above facts and circumstances, as referred to above, this Court permits the petitioner to make a fresh representation, within a week from today, in continuation of the earlier representation dated 03.08.2023, Annexure P-1; with directions to respondent No. 2-Director, Elementary Education, Himachal Pradesh, to decide the representation dated 03.08.2023, Annexure P-1, alongwith the additional representation, indicating one additional station of choice, as referred to above, within two weeks thereafter, in consonance with Clauses 12 and 16 of the Transfer Policy and to pass appropriate orders, within four weeks thereafter, in view of the mandate of this Court in CWP No. 1105 of 2006, titled as Sushila Sharma vs. State of H.P. and Others, decided on 27.08.2007, which reads as under:

“We, accordingly, dismiss the petition. We, however, direct that a copy of this judgment be sent to the Chief Secretary to the Govt. of H.P. who shall ensure that a proper transfer policy is formulated to ensure that the transfers are made only on administrative grounds and not on any others grounds. In the policy to be framed, it shall be ensured that all the employees are treated fairly and equally