The Himachal High Court (HC) has dismissed a petition challenging the rejection of a representation against a transfer order, holding that no vested or indefeasible right exists for a government employee couple to be posted at the same or contiguous station.
While dismissing the petition, Justice Ajay Mohan Goel held that the petitioner occupies a state cadre post and is liable to serve anywhere within the state.
The HC observed that under the State Transfer Policy, in couple cases, the government may endeavour to post spouses at the same or nearby stations. However, such a policy does not confer a vested right on employees to insist on posting at a station of their choice.
The petitioner had assailed the rejection order dated August 23, 2025, whereby his representation against transfer from Government Senior Secondary School, Kashmaila, Mandi district, to Government Senior Secondary School, Deothi, Solan, was turned down by the competent authority.
He contended that his transfer was illegal as it fell under the “couple case” category and further argued that the transfer was based on a recommendatory note, rendering it arbitrary.
Opposing the plea, the state submitted that the petitioner had completed his normal tenure at Kashmaila and that the order rejecting his representation was reasoned and self-speaking.
After hearing both sides, Justice Goel held that no ground was made out to interfere with the impugned order. The HC also noted that the petitioner approached it in February, despite the rejection of his representation in August 2025, indicating delay and suggesting that the petition was an afterthought.
While dismissing the petition, the HC granted liberty to the petitioner and his wife to submit a joint representation seeking posting at or near the same station.
During the proceedings, it was brought to the HC’s notice that the petitioner’s wife is suffering from hepatitis-B and requires monthly visits to PGI-Chandigarh for treatment.
Taking note of this submission, the HC observed that if any representation is made on medical grounds, the authorities may consider it sympathetically, particularly as Solan is geographically closer to Chandigarh.