(Oral):

1. Notice. Mr. Sidharth Jalta, learned Deputy Advocate General appears and waives service of notice on behalf of the respondents.

2. With the consent of the learned counsel for the parties, the instant petition is taken-up for disposal keeping in view the pleadings in the writ petition.

3. The petitioner is working as DPE (Lecturer Physical Education) and had been serving at GSSS Samej, Tehsil Nirmand, District Kullu, HP since 20th September, 2021 which is a hard area.

4. As per the petitioner, the said school falls in a hard area. Since the petitioner had completed his normal tenure of service and had served for more than two winters and three summers in the hard area, had submitted a representation to the Authorities on 26th October, 2025 (Annexure P-1). However, no decision was taken by the Competent Authority/State, therefore, he had preferred CWP No. 18618 of 2025 before this Court and a Co-ordinate Bench of this Court, vide order dated 27th November, 2025, had disposed of the said petition, vide Annexure P-2, with a direction to respondent No.2/Competent Authority to consider and decide the representation dated 26.10.2025, made by the petitioner. In compliance to the said direction, respondent No.2/Competent Authority, vide order dated 27th January, 2026, transferred the petitioner to GSSS Tharola, District Shimla, keeping in view the fact that the post of DPE Lecturer was not lying vacant within the radius of 30 kilometer, as desired by the petitioner, however, he was transferred to GSSS Tharola, Shimla, which is a soft area.

5. The grievance of the petitioner in the present petition is that the authorities while deciding his representation has cited non-availability of vacancy, without considering his request for adjusting him against a longer stay of the incumbents. As per the Transfer Policy, the person, who has served in the Tribal/hard/remote areas for more than two winters and three summers, is to be posted in any one of the five stations of his/her choice. However, in the case of petitioner, his request has not been considered for the Schools, which he had mentioned in his representation, though the longer stay incumbents are continuing at GSSS Dhamwari since 2004, GSSS Masli since 2007 and GSSS Saribasa since 2022. The authorities have not posted the petitioner in one of the stations of his choice, which he had mentioned in the representation made by him.

6. The issue regarding the displacement of a person, who has a longer stay and not adjusting the person at the choice of place mentioned in the representation was considered by this Hon’ble Court in CWP No.8483 of 2023, titled, Savita vs. State of HP & Anr., wherein, after considering the mandate of Clauses 12, 15 and 16(i) of the Transfer Policy, the claim of the petitioner therein for transferring him from the tribal area to the soft area on the stations of choice was rejected on the ground of non- availability of vacancy, was quashed.

7. Thereafter, the Coordinate Bench of this Court again in CWP No.525 of 2024, titled, Vijay Chauhan vs. State of HP & Ors., after noticing the aforesaid judgment had taken a similar view that non-availability of vacancy cannot be a ground to reject the prayer made by an employee, who has served in the Tribal/hard/remote areas.

8. Keeping in view the mandate of law of this Court referred hereinabove, the impugned order dated 27.01.2026 passed by respondent No.2 is quashed and set aside and the petitioner is directed to make a fresh representation within a week, mentioning therein five stations of his choice, out of which, one will be from other District and in case such representation is received by the respondent No.2/Competent Authority, the same shall be considered and decided within two weeks thereafter.

9. In view of the above, the present petition is allowed to the aforesaid terms and disposed of accordingly.

10. Pending miscellaneous application(s), if any, shall also stand disposed of.