An employee who has completed the requisite tenure in a hard/tribal area under the Transfer Policy should not be transferred to another hard area, and administrative compliance with court orders must consider individual factual circumstances and policy guidelines.

Sandeep Sharma, Jo. (Oral)

Petitioner herein, who at present is working as Veterinary Pharmacist at Veterinary Dispensary Chhatrari, District Chamba, Himachhal Pradesh, is aggrieved by order dated 16.12.2025 (Annexure P-1) passed by Director, Animal Husbandry, Himachal Pradesh, Shimla, in compliance to judgment dated 24.09.2025 passed by this Court in CWP No.15472/2025, titled as Rajeev Kumar Vs. State of Himachal Pradesh , whereby direction was issued to the respondents to consider and decide the representation of above named Rajeev Kumar.

Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ajay Thakur, learned counsel representing the petitioner, is that though petitioner has already served in a hard/tribal area for more than 18 years, but yet he has been transferred again to hard area i.e. Veterinary Dispensary Devikothi, District Chamba, Himachal Pradesh vice Mr. Rajeev Kumar.

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 Deptuty Advocate General. Mr. Chauhan, states that impugned order has been passed in compliance of judgment dated 24.09.2025 passed by this Court in CWP No.15472/2025, titled as Rajeev Kumar Vs. State of Himachal Pradesh .

Having carefully perused averments contained in the petition, which are duly supported by an affidavit, this Court finds that petitioner, who belongs to District Chamba, has already served in hard/tribal area for more than 18 years, as such, could not have been transferred again to hard/tribal area. True it is that in terms of order dated 24.09.2025, this Court had called upon the respondents to consider and decide the representation of Rajeev Kumar, Veterinary Pharmacist, but this does not mean that this Court had called upon respondents to transfer the petitioner to hard area, especially when, there is no dispute that he had already served in a hard area, as such, could not have been transferred to a hard area again. It appears that respondents, while complying with a direction contained in judgment dated 24.09.2025 passed in CWP No.15472/2025, did not bother to look into the factual aspects of the matter, rather having taken note of the fact that petitioner has already completed normal tenure at Veterinary Dispensary Chhatrari, District Chamba, Himachal Pradesh, proceeded to order his transfer from afore place to Veterinary Dispensary Devikothi, District Cthamba, Himachal Pradesh. Petitioner, being resident of tribal area, is also entitled to the benefit of Transfer Policy, which certainly enables an employee to seek transfer from hard area to soft area, but after his having completed more than five years in hard/tribal area. Since petitioner has already served for more than 18 years in a hard area, he ought to have been given station of his choice.

Though having taken note of the fact that petitioner has already completed normal tenure at present place of posting, this Court sees no reason to interfere with the impugned transfer order, however, this Court deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation within two days from today to the competent authority for adjustment/transfer at a convenient station, which shall be decided by the competent authority within one week thereafter. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of facts as well as observations made in earlier part of the judgment. Till the time representation, if any, filed within two days is not decided by the competent authority, petitioner shall not be compelled to join at transferred station, rather shall be permitted to work at