Employer must transfer employee from hard area after normal tenure completion to prevent such postings from becoming punishment-like; arbitrary rejection based on children's studies unsustainable without evidence of no replacement.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents.

2. The petitioner is aggrieved by Order dated 31.01.2026 (Annexure P-5), in terms whereof, his request of transfer from his present place of posting i.e. GSSS Kathog, Distt. Mandi, which is a difficult area, on the ground that he has already completed normal tenure at the said station has been rejected.

3. Learned Counsel for the petitioner submits that rejection of the case of the petitioner is completly arbitrary. He submits that it is the duty of the employer to ensure that after completion of normal tenure in hard area an incumbent is shifted out of that area, but in the present case needful is not being done by the Authorities concerned.

4. On the other hand, learned Additional Advocate General submits that the order is self-speaking, as to why the petitioner could not transferred. He submits that the transfer of the petitioner would have adversely affected the studies of his children, therefore, the transfer has not been done.

5. This Court is of the considered view that rejection of the representation of the petitioner is not sustainable in the eyes of law. Once the petitioner has completed his normal tenure in the hard area, the employer to transfer him out of that area and post some other incumbent in his place may be after completion of academic session. It is not borne out from the order passed by the Authority that there is none in the entire State who can be posted in place of the petitioner. In fact, if the Department does not comes out with a positive demeanor, in terms whereof, the incumbents who are posted in hard areas and tribal areas, are shifted out of these areas upon completion of normal tenure, then it would be difficult for the Department to find incumbents for posting in these areas, because posting in these areas shall be construed as a punishment posting, because there will be no certainty in the employee that post completion of the tenure, he/ she will be shifted out of the area.

6. Accordingly, in light of above observations, this writ petition is allowed. Order dated 31.01.2026 (Annexure P-5) is quashed and set aside. The respondents are directed to shift the petitioner out of his present place of posting within four weeks from today and post some other incumbent in his place. Pending miscellaneous application(s), if any also stand disposed of accordingly.