IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.: 3334 of 2008 Date of decision: 16.7.2009. Jagat Pal Sharma …. Petitioner. Versus State of H.P. and others. … Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting?1 No. For the petitioner: Mr. H.K.Bhardwaj, and Mr. Y.Pal, Advocate. For the respondents: Mr. R.K.Bawa, Advocate General with Mr. Ram Murti Bisht, Deputy Advocate General. Per Deepak Gupta, J. (Oral) By means of this petition, the petitioner has laid challenge to the transfer order dated 25th April, 2006, whereby the petitioner, who is working as Junior Engineer, was transferred from Sichling Sub Division in District Lahaul and Spiti to Losser Sub Division, in the same district. Normally, since the petitioner has completed three years at Sichling Sub Division, we would have just disposed of the petition as having become infructuous but Shri Bhardwaj, learned counsel for the petitioner urges that in the present case we may not pass such an order since that would result in the petitioner remaining at Losser, which falls in a hard tribal area. 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 As per the existing transfer policy of the State, an employee is to serve in a tribal area for two winters and three summers. Even as per the reply filed by the State, the petitioner was posted to Sichling on 5th August, 2004 and continues to work in Spiti Division till date. He has spent almost five years there. We, therefore, while holding that the writ petition has become infructuous, permit the petitioner to make a representation to the Principal Secretary (Public Works Department) to the Government of Himachal Pradesh indicating his stations of choice where he would like to be posted. This representation be made on or before 31st July, 2009. In case, such a representation is made, the Principal Secretary (PWD) shall pass an appropriate order transferring the petitioner outside the tribal area preferably to one of the stations of his choice in accordance with the existing transfer policy. The Principal Secretary (PWD) shall also keep into consideration the larger public interest and the administrative exigency. The Principal Secretary shall pass the order within 15 days from the receipt of the representation. The writ petition is disposed of accordingly. Dasti copy. ( Deepak Gupta ), J. 16th July, 2009 (Surinder Singh), J. ™