IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5058 of 2011 Date of decision : October 20, 2011 Milap Chand …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Vikas Bhardwaj, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Petitioner is aggrieved by the order of his transfer from Chelran-di-Malan (Baijnath) Primary School to Bara Bhangal (Baijnath) School, ordered vide Annexure P-1, dated 20th June, 2011. Presently, he is working as Head Teacher, in the Education Department of the respondents. His grievance is that for the last about 23 years he has been serving in difficult areas and now he has been transferred to a place which is more difficult than the areas he has already served, inasmuch as it takes three days to walk to the school, to which he has been transferred, from his native place, as neither motorable road nor any mode of transport is available. 2. Respondents, in their reply, do not deny that the petitioner has been serving in difficult areas for the Whether reporters of the local papers may be allowed to see the judgment? …2… last 23 years. However, their plea is that the petitioner has his native place in the very remote area, where he has been serving and he has remained posted throughout the aforesaid period of 23 years near his native place. 3. I have heard learned counsel for the petitioner as also learned Assistant Advocate General. 4. It is Government’s own policy that the employees, who have already served in tribal/difficult areas, would not again be posted in such areas and there should be a continuous process of change, whereby all the employees have a chance to serve in tribal/difficult areas and measures be taken to ensure that the employees (obviously influential), who have managed to remain posted in urban areas/cities, are also posted in rural/remote areas and tribal/difficult areas, in the transfer season, when the transfers are made. This guideline finds mention in Office Memorandum, dated 10th April, 2008, issued by the Department of Personnel (AP-II), vide No.Per (AP-B)B(7)-1/2008. 5. It is true that the petitioner belongs to the difficult area, in which he has been serving for the last 23 years and, therefore, his posting in that area, for a long period might not have been uncomfortable or inconvenient to him, but that does not mean that those, …3… who are born in difficult areas, should be made to remain in that area or more difficult area and should not get a chance to serve in urban areas/cities. Therefore, present writ petition is disposed of, with a direction to the respondents that when the transfers are made in the next transfer season, i.e. March/April, 2012, petitioner shall be posted in an area of his choice, if he is to be posted in difficult area or he shall be posted in some urban area or city. Pending application(s) also stand disposed of. October 20, 2011(sd) ( Surjit Singh ), J