Himachal Pradesh HC Orders Fair Implementation of Transfer Policy For Govt Employees, Flags Political Influence in Postings [Read Order]

Himachal Pradesh: The Himachal Pradesh High Court has issued a significant directive to ensure the fair and equitable implementation of the state’s transfer policy for government employees, emphasizing that political influence must not affect postings to difficult areas.

Justice Sandeep Sharma presided over the case, which involved a writ petition filed by Bharti Rathore, a TGT (Medical) posted at Government High School, Dhalog, District Chamba. The petitioner challenged her transfer order dated 20.06.2025 to Government Senior Secondary School, Devikothi, District Chamba, particularly as she had already served in sub-cadre areas from 2006 to 2012.

Addressing the concerns about the policy’s implementation, the court observed:

“This Court has noticed in many cases that employees having good political relation and influence are hardly sent to hard/tribal areas, and employees who do not have any say in the corridors of Government are repeatedly sent to hard/tribal areas, which results in heartburn.”

Highlighting the need for equitable distribution of postings, the court stated:

“Once the transfer policy itself provides for sending every government employee to a sub-cadre/hard/tribal area once in her/his service career, endeavour should be made by the Government to identify employees who have never served in such areas, so that they are sent accordingly.”

While refraining from interfering with the impugned transfer order, the court directed:

“This Court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file a representation to the competent authority within a period of two days, praying for her adjustment at a convenient station on the ground of a couple case.”

The court also underscored the importance of adherence to the transfer policy, instructing that guidelines be issued to all departments to ensure each employee is posted to sub-cadre/hard/tribal areas at least once during their service, and that those who have already served in such areas are not repeatedly transferred.

Counsel for the petitioner argued that she should be posted near her husband’s workplace at Government Senior Secondary School, Nagali, District Chamba, citing the couple case provision and her prior service in difficult areas.

The court directed the Chief Secretary, Government of Himachal Pradesh, to issue the necessary guidelines to all departments to ensure transparent and fair implementation of the transfer policy and to prevent avoidable unrest among employees.

Case Title: Bharti Rathore vs. State of Himachal Pradesh & Others

Counsel: Mr. Tanuj Thakur appeared for the petitioner. Mr. Anup Rattan, Advocate General, along with Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocate Generals, and Mr. Ravi Chauhan, Deputy Advocate General, appeared for the State.

[Read Order]