'Govt Employees With Political Connections Not Being Given Hard/Tribal Postings Despite State's Transfer Policy': HP High Court
The Himachal Pradesh High Court has directed the State to ensure that transfers are made strictly in accordance with the transfer policy of the Government of Himachal Pradesh. The court emphasised that every government employee should be posted to a difficult area once during their service and that such postings should not be influenced by political relations.
Justice Sandeep Sharma: “Transfer policy formulated by the Government of Himachal Pradesh clearly reveals that every employee, during his life career, should be sent to sub cadre/hard/tribal area, but this Court has noticed in many cases that employees having good political relation and influence are hardly sent to hard/tribal area, and employees, who do not have any say in the corridors of Government, are repeatedly sent to hard/tribal areas, which results in heartburn.”
Background Facts:
On June 20, 2025, the petitioner, Bharti Rathor,e a Trained Graduate Teacher at Government High School, Dhalog, District Chamba, was asked to transfer to Government Senior Secondary School, Devikothi, a designated hard area.
Aggrieved by the Order, she filed a writ petition before the High Court contending that she had already served in a hard area from 2006 to 2012. She further stated that her husband is working as a Lecturer at Government Senior Secondary School, Nagali, in the same district and as per the couple's posting policy, she should have been posted in the same district.
Findings:
The Court observed that as the petitioner had completed her normal tenure at her present place of posting, she did not have a vested right to remain there, the State must ensure fair implementation of its transfer policy.
The Court remarked that as per the transfer policy, every government employee must serve once in a sub-cadre, hard, or tribal area. However, it is often seen that employees without political influence are repeatedly posted in such areas while others manage to avoid these postings entirely, causing resentment and unfair treatment.
Therefore, the Court, without interfering in the transfer order, allowed the petitioner to make a representation to the competent authority within two days, requesting adjustment at a suitable station, particularly considering her earlier service in a sub-cadre area and her husband's posting. The Court directed that the representation must be decided within ten days, and until then, the petitioner shall not be compelled to join the new station.
Additionally, the Court directed that the judgement be sent to the Chief Secretary of Himachal Pradesh to issue necessary guidelines to all departments to ensure that the transfer policy is implemented uniformly, so that all employees serve at least once in a hard or tribal area and those who have already done so are not repeatedly posted in such regions.
Case Name: Bharti Rathore v/s State of HP & others
Case No.: CWP No.10255 of 2025
Date of Decision: 26.06.2025
For the petitioner: Mr. Tanuj Thakur, Advocate.
For the Respondent: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol & B.C. Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State