The court held that while the employer possesses the prerogative to transfer employees, such power must be balanced with humanitarian considerations and specific Transfer Policy provisions regarding adverse family circumstances, especially in cases of severe medical emergencies of a spouse.

Sandeep Sharma, J. (Oral)

Petitioner herein, who at present is working as Assistant Director in the office of Deputy Director, Animal Husbandry, District Una, Himachal Pradesh, is aggrieved by notification dated 09.12.2025 (Annexure P-3), whereby he has been transferred from afore station to Killar, District Chamba, Himachal Pradesh.

Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. K.B. Khajuria, learned counsel representing the petitioner, is that impugned transfer order is in violation of Transfer Policy because petitioner has not been permitted to complete his normal tenure at Una. While making this Court peruse notification dated 15.07.2024 (Annexure P-2), issued by Additional Secretary (AH) to the Government of Himachal Pradesh, Mr. K.B. Khajuria, learned counsel for the petitioner, states that respondents, having taken note of serious illness of the wife of the petitioner, had posted him at Una, but within short span of one year and five months, he has now been transferred to Killar, District Chamba, which is a tribal area. Since wife of the petitioner is in coma for the lastt four years and there is none to take care of her, it will not be possible for the petitioner to join at Killar, District Chamba, Himachal Pradesh, wherein otherwise adequate medical facilities are not available. Besides above, petitioner herein is to retire within less than two years.

Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, states that having taken note of serious medical condition of the wife of the petitioner, he was deployed at Una vide order dated 15.07.2024, but every time, it will not be possible for the department to give station of his choice, rather he is required to be posted at a station as per requirement of the department.

True it is that it is the sole prerogative of the employer to post an employee at a particular station and normal tenure of posting at one station is three years, however, this Court cannot loose sight of the fact that wife of the petitioner is seriously ill and for the last four years, she is in comma. Since patient of coma cannot be taken along by the petitioner at a transferred station, which is a tribal area, coupled with the Transfer Policy formulated by the Government of Himachal Pradesh, enables an etmployee to seek transfer/adjustment at a convenient station on the ground of adverse family circumstances, this Court sees no impediment in issuing direction to the respondents to consider and decide the representation of the petitioner (Annexure P-4) within one week from today. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall adopt sympathetic and practical approach, keeping in mind that it would be too harsh to compel the petitioner to leave his wife in this condition, who admittedly requires constant care and attention of her husband.

Till the time, representation, if any, filed by the petitioner is not decided, petitioner shall continue to work at present place of posting. Moreover, this Court finds from the pleadings adduced on record by the petitioner that he has already served in a hard area for four years, as such, he otherwise could not have been transferred to a tribal area. Pending applications, if any, stand disposed of.