IMPORTANT POINT
The court emphasized the importance of considering transfer requests in accordance with the specific clauses of the transfer policy and ensuring equal and non-discriminatory application of the policy.

JUDGMENT :

Ranjan Sharma, J.

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 order intended to be passed herein.

3. The petitioner a JBT, in district cadre of Mandi district, has filed the instant petition seeking the following reliefs:-

“(i) That the direction may kindly be issued to the respondent Board to transfer the petitioner from Govt. Primary School, Dhanshal, Tehsil Thunag, District Mandi, H.P., to one of the station of his choice, as per the transfer policy.

(ii) That the respondent No.2 may kindly be directed to decide the representation dated 5.11.2023 (Annexure P-2) within time bound manner.”

4. The petitioner is working as a JBT in Government Primary School, Dhanshal, Education Block Bagsaid, District Mandi [since 2019 till day]. She was initially appointed on contract basis on 11.6.2019 and after regularization on 18.1.2022, she continued at the present station. The petitioner has completed the normal tenure of two winters and three summers at present station, which is classified as a difficult-hard-remote area in the transfer policy.

5. Mr. M.L.Sharma, learned counsel submits that on completion of the prescribed normal tenure, in the difficult-hard–remote area, the petitioner became eligible and entitled to be considered for posting-transfer in a soft area i.e. at one of the five stations of choice, in terms of Clauses 12, 15 and 16.1 of the transfer policy. He submits that though the petitioner has submitted though the petitioner has submitted a representation on 5.11.2023 (Annexure P-1) but the respondents have not considered his case in terms of the policy, resulting in prolonging the stay of the petitioner, in such areas arbitrarily without considering and without sending those employees to such areas who have not served there even once in service career, which amounts to unequal and discriminatory application of norms and principles in the existing transfer policy.

6. Per contra, Mr. Rajan Kohal, learned Additional Advocate General does not dispute the entitlement of the petitioner for consideration of his case, in terms of Clauses 12, 15 and 16.1 of the Transfer Policy, as the petitioner has completed the normal tenure of two winters and three summers in the aforesaid hard-difficult-remote area, as referred to above. He further submits that in case the representation dated 5.11.2023 (Annexure P-2), is still pending, the same shall be decided expeditiously.

7. In entirety of the facts and circumstances, referred to above, this Court disposes of the instant writ petition, by directing the Respondent No.2-Director of Elementary Education, Shimla, Himachal Pradesh to consider/examine the representation dated 5.11.2023 (Annexure P-2) in the light of Clauses 12, 15 and 16.1 of the Transfer Policy and then to pass appropriate orders in the matter after affording a personal hearing to the petitioner within four weeks from today.

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