IMPORTANT POINT
The central legal point established in the judgment is the interpretation and application of the Transfer Policy in determining the petitioner's eligibility for transfer.

JUDGMENT :

RANJAN SHARMA, J.

1. Notice. Mr. B.C. Verma, 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, a Trained Graduate Teacher (Non Medical), has come up, before this Court, by way of instant writ petition, seeking the following reliefs:

“(i) Issue a writ in nature of mandamus directing the respondent to transfer the petitioner from present place of posting which is a Tribal area to place of her choice in District Kangra in terms of the judgment of this Hon’ble Court dated 23.10.2018 in CWP No. 2114 of 2018 and judgment dated 24.12.2020 in CWP No. 5801 of 2020.

(ii) Issue a writ in nature of mandamus further directing the respondent to transfer and relieve the petitioner from present place of posting i.e. GHS Badgran District Chamba Tehsil Bharmour H.P. fortwith in relaxation to the condition of joining of the substitute in place of the petitioner.”

4. The petitioner is a Trained Graduate Teacher and posted at GHS Badgran (Bharmour), District Chamba, H.P. The facts reveal that the petitioner was posted in GHS Badgran (Bharmour), District Chamba, which is a categorized Hard/Difficult Area in terms of the Transfer Policy. Even after re-categorization of areas by the respondents, on 03.10.2016, the aforesaid place of posting of the petitioner continues to be Hard/Difficult Area.

5. Learned counsel for the petitioner submits that the petitioner had served in GHS Badgran, District Chamba from 2021 to 2023 [i.e. a Hard-Difficult Area] described under the Transfer Policy.

6. In view of the facts referred to above, the case of the petitioner, as presented by the learned counsel for the petitioner is that the petitioner has completed normal tenure in difficult area i.e. GHS Badgran, District Chamba and on completion of requisite service of two winters and three summers, the petitioner is eligible and entitled to be considered for posting at one of five stations of choice. He further submits that though the petitioner has made a representation on 16.12.2023, (Annexure P-4), which is stated to be pending but no orders have been issued or conveyed to the petitioner till day.

7. Per contra, Mr. B.C. Verma, Learned State Counsel submits that though the representation, dated 16.12.2023, Annexure P-4, is pending and the representation indicates five stations of choice but, the aforesaid representation is not in terms of Clause 16.1 of the Transfer Policy, for the reason, that an employee, who is seeking transfer from tribal/difficult area to a station of choice in a soft area or otherwise has to indicate five stations of choice in more than one District.

8. Faced with this situation, learned counsel for the petitioner, submits that in continuation to the representation dated 16.12.2023 Annexure P-4, the petitioner, may be permitted to submit a fresh representation within a week from today; with further directions to Respondent No. 2-Director, Elementary Education, Himachal Pradesh, Shimla to examine the existing representation dated 16.12.2023, Annexure P-4 and additional representation if submitted and to pass appropriate orders in the light of Clause 12, 15 and 16.1 of the Transfer Policy within four weeks from today.

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.

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