IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 235 of 2011. Decided on: July 14, 2011. Krishan Verma Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the appellant For the respondents: Mr. Surender Sharma, Advocate. Mr. R.K.Bawa, AG, with Mr. Ankush Dass Sood, Addl. AG for respondents No. 1 to 4. ------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The private respondent in the writ petition is the appellant. The issue pertains to the transfer. The appellant was appointed in the year 2009. The appellant was transferred to Shimla and that was challenged by the writ petitioner (the private respondent herein). The learned Single Judge allowed the writ petition inter-alia, observing that the writ petitioner has a long stay in Shimla and she should be, if so advised, transferred out of Shimla and also that the appellant being a new appointee should complete his normal tenure at the first station. According to the appellant, that condition would apply only if the posting is in a tribal area or hard area. It is also stated that the exceptional circumstances warranting deviation in the normal policy, the ailment of wife of the appellant, has left to the notice of the learned Single Judge. 2. Be that as it may. It is prayed that the appellant may be given an opportunity to make appropriate representation before the second respondent, pointing out availability of vacancies, in which case, the second respondent will get an opportunity to take a decision qua the appellant is concerned in the judgment. Accordingly, the appeal is disposed of as follows: In the event of the appellant making appropriate representation before the second respondent pointing out any open vacancy, the same shall be considered by the second respondent untrammeled by the observations contained in the judgment, qua the appellant. The needful action, as above, shall be taken within a week. Copy Dasti. (Justice Kurian Joseph), Chief Justice. July 14, 2011. ( Justice V.K.Sharma), (karan/vs) Judge. 2