IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP.No. 3172 of 2010. Date of Decision: 24.8.2010. _______________________________________________ Sita Ram. .….Petitioner. Versus State of H.P. and others. .….Respondents. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1?No. For the petitioner : Mr.R.R.Rahi, Advocate. For Respondents 1 to 3: Mr. Ramesh Thakur, Assistant Advocate General. For Respondent No.4. : Mr. N.K. Thakur, Advocate. Dev Darshan Sud, J.(Oral). The petitioner is aggrieved by the order of his transfer from Government Primary School, Kufarbag, Kumarsain. Petitioner relies upon the order passed by the Census Department (Annexure:P3) directing that “officers who have been appointed for Census 2011 may not be transferred till 31.3.2011 so that census operation could be conducted smoothly”. This petition is contested by the respondents more especially respondent No. 4 who, by referring to Annexure:R-1 states that the petitioner has been relieved from his duties by the Census Department and in these circumstances, the order Annexure:P-3 is no bar on his Whether reporters of the Local papers are allowed to see the judgment?yes . transfer. He further submits that the respondent, who has been transferred from Govt. Primary School, Shanan, is a heart patient and requires constant medical care/attention. I have heard learned counsel appearing for the parties. It is undisputed that so far as transfer is concerned, it is an exigency of service and it is open to the employer to transfer a person, from one place to another. Of course, certain rationale norms are to be followed. While judging transfer, it will not be open to this Court to go into the entire decision making process except malafides. However, considering the facts and circumstances of the case, a direction is issued to Director of Elementary Education-respondent No.2 to re-consider the matter in accordance with law. This writ petition will be treated as a representation by respondent No.1 who shall consider the case of the petitioner and respondent No.4 in accordance with law and pass an appropriate order. The representation shall be disposed of at the earliest on presentation of this order. The parties shall be given a chance of being heard, if they so desire. Interim order dated 11.6.2010 passed in CMP.No. 4650 of 2010 shall remain in force. The petition stands disposed of with no orders as to costs. (Dev Darshan Sud), Judge. August 24, 2010(R)