JUDGMENT : Ranjan Sharma, J Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings. 3. The petitioner, working as Trained Graduate Teacher in Government Senior Secondary School Shansha, District Lahaul Spiti, a tribal area, come up before this Court, seeking the following relief(s):- a. Issue a writ in nature of certiorari quashing the orders dated 18.09.2023 passed by the respondent No.2 whereby the case of the transfer of the petitioner from tribal was rejected by respondent no.2 for want of vacancy; b. Issue a writ in nature of mandamus directing the respondent to transfer the petitioner from present place of posting which is a difficult/Tribal area to place of his choice in District Kangra in terms of the judgment of this Hon’ble Court dated 23.10.2018 in CWP No.2114 of 2018 and judgment dated 24.12.2020 in CWP No.5801 of 2020; c. Issue a writ of mandamus further directing the respondent to transfer and relieve the petitioner from present place of posting i.e. GSSS Shansha, District L & S H.P. forthwith in relaxation to the condition of joining of the substitute in place of the petitioner.” 4. The petitioner, is a Trained Graduate Teacher (Medical), and is presently posted in Government Senior Secondary School Shansha, District Lahaul and Spiti since November, 2020. 5. Being a regular Trained Graduate Teacher, the petitioner has completed the minimum of two winters and three summers in aforesaid school, which is a categorized tribal area, as per Transfer Policy. 6. On completion of the normal tenure of two winters and three summers in the Tribal Area, the petitioner became eligible and entitled to be considered for posting in a soft area or station of choice as per Clauses 12, 15 & 16.1 of the Transfer Policy, which reads as under:- 12. Posting of Employees in Hard /Difficult/Remote/Hard Areas: In view of the observations made by the Hon'ble High Court vide judgment dated 27-08-2007 in CWP No. 1105/2006 titled as Sushila Sharma. Head Teacher Vs. Posting of Employees in Hard /Difficult/Remote/Hard Areas: In view of the observations made by the Hon'ble High Court vide judgment dated 27-08-2007 in CWP No. 1105/2006 titled as Sushila Sharma. Head Teacher Vs. State of H.P. & others, every department will ensure that all the employees are treated fairly and equally in the matter of transfer and posting The Departments may also ensure that every employee during his tenure of service. serves in Tribal/Hard/Difficult Areas and also in Remote/ Rural Areas. While making transfers the Department shall ensure that the employees who have already served in Tribal/Hard Areas as well as Remote/ Rural Areas are not again sent to these Areas and there may be a continuous process of change whereby all the employees have a chance to serve in Tribal/ Hard Areas as well as Remote/ Rural Areas and measures shall be taken to ensure that employees remained posted in the Urban Areas/ Cities for a long period, are transferred and posted to Rural/ Remote Areas and Hard/ Tribal Areas in the transfer season when the transfers are made. It will be the responsibility of concerned Head of Department/competent authority to relieve the officer/official transferred to tribal / difficult / hard / remote / rural areas. 12.1 All the Departments will ensure that all employees during their entire period of service will serve for at least single tenure in the Tribal/ Difficult/Hard areas and remote/rural areas. In order to earn their promotion, service in such areas will be mandatory. This would be subject to adequate number of posts being available in such areas. However, this will not apply to those employees who have less than 5 (Five) years to superannuate. This stipulation is to be incorporated in R & P Rules wherever applicable. A common provision to this effect has been devised by the Department of Personnel after having obtained the approval of competent authority. No Government employee can claim his transfer or posting as a matter of right. It will be the discretion of the State Government to post/ transfer any employee anywhere in the State keeping in view of the- administrative exigencies/convenience. 15. No Government employee can claim his transfer or posting as a matter of right. It will be the discretion of the State Government to post/ transfer any employee anywhere in the State keeping in view of the- administrative exigencies/convenience. 15. Categorization of the Stations: The State of HP is hereby categorized into following categories of stations i.e. "A", "B", "C", "D" & "E" only for the purpose of regulating the transfers of employees: Category 'A' SOFT STATIONS: All stations situated within the radius of 15 kms. from the State headquarter and District headquarters connected with road including stations where on foot journey is less than 2 (Two) Kms. (Except in District Kinnaur and Lahaul & Spiti) Category 'B' Rural Areas (i) All stations situated within the radius of 20 kms from Sub Division/Tehsil headquarter. (ii) All stations beyond the radius of 15 Kms. from State headquarter and District headquarters where bus service is not available and on foot journey is more than 3 (Three) Kms. (iii) Home town or area adjoining to area of home town within the radius of 20 Kms. of the employee regardless of its category. Category 'C' Difficult/hard areas: Where journey on foot is 5 (Five) kms and the climatic conditions are very harsh. Remote areas without facilities for communicating and not connected with road. Category 'D' Tribal Areas Category 'E' Most Difficult Areas 1. Dodra Kawar area of Rohroo Sub-Division 2. Pandrah Bis Pargana, Munish Darkali and Gram Panchayat Kashapat. Gram Panchayats of Rampur Tehsil of District Shimla 3. Pandrah Bis area of Nicharsub Division of Kinnaur District. 4: Pin Valley of Lahaul &Spiti District. 5. Bara Bhangal areas of Baijnath Sub Division of Kangra District 6. Chauhar Valley of Mandi District 7. Khanyol-BagraPatwar Circle of Karsog Tehsil, Gada-Gussaini, Mathyani, Ghanyar, Thachi, Baggi, Somgad and Kholanal of Bali-Chowki Sub Tehsil, Jharwar, Kutgarh, Graman, Devgarh, Trailla, Ropa, KathogSilh- BadhwaniHastpur, Ghamrehar and BhateharPatwar Circle of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra, North Magru and South MagruPatwar Circles of Thunag Tehsil and BatwaraPatwar Circle of Sunder Nagar Tehsil in Mandi district, Spiti. Pooh Pang Lahaul Sub Division of Tribal Districts Where journey on foot is more than 10 Kms Notwithstanding anything contained in these principles, the State Government employees who have crossed fifty five years of age are exempted from posting in C D & E categories of stations except on promotion. 16. Pooh Pang Lahaul Sub Division of Tribal Districts Where journey on foot is more than 10 Kms Notwithstanding anything contained in these principles, the State Government employees who have crossed fifty five years of age are exempted from posting in C D & E categories of stations except on promotion. 16. Regarding tenure and age limit for posting in Areas/Most Difficult Areas etc. 16.1 The normal tenure for transfers in Difficult/Tribal/ Hard/Most Difficult areas will be three years i.e. Two Winters and Three Summers. It may be ensured that the Officers/ Officials have actually completed the prescribed tenure. In case any Officer/Official remain on long leave for whatsoever reasons, this period of absence will be deducted and he/she will have to serve more in that Area for equal period. As far as possible, efforts will be made not to post Officers /Officials in Difficult/ Tribal/Hard/Remote Areas who have crossed the age of 55 (fifty five) years, but this will not be applicable in the case of promotions. On completion of normal tenure in Difficult/ Tribal/ Hard/Remote areas the concerned Officers/ Officials will have an option of 5 (five) Stations of choice which will be for more than one District and as far as possible, efforts will be made to post them in any one station of their choice of that category of stations in which he/she has not served earlier. The employees posted in these Areas who after completion of normal tenure of Two Winters and Three Summers do not offer the choice of Stations for posting and continue to serve there, can be transferred and posted anywhere in the State. 7. Accordingly, the petitioner had made a representation on 10.01.2024 (Annexure P-7) for considering his case in terms of policy; but nothing was done. Thereafter, the petitioner was considered to file a CWP No.5579 of 2023, (Annexure P-4), which was disposed of by the Coordinate Bench of this Court on 21.08.2023 and the operative part of the judgment, reads as under:- “In view of the above submissions, this writ petition is disposed of by directing respondent No.2/competent authority to decide the aforesaid representation of the petitioner dated 12.06.2023 (Annexure P-3) in accordance with law and applicable policy, within a period of three weeks from today. The decision so arrived at shall also be communicated to the petitioner. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.” 8. As a sequel to the directions, passed by this Court on 21.08.2023, the Director of Elementary Education, Himachal Pradesh, has passed order on 18.09.2023, (Annexure P-6), whereby, though the respondents have admitted that the petitioner has completed the normal tenure in the tribal area i.e. GSSS Shansha [Lahaul and Spiti District] but despite this admission, the case of the petitioner was rejected, on the ground, that the stations of choice indicated in the representation are not vacant and, therefore, due to non-availability of vacancy the claim of the petitioner was not tenable. The operative part of the rejection orders dated 18.09.2023 (Annexure P-6) reads as under:- “From the perusal of record, it is found that Sh. Vijay Chauhan, TGT (Medical) is working at GSSS Shansha Distt. Lahul Spiti (which fall under hard area/sub cadre), since 30th December, 2020, he has completed his normal tenure at present place of posting. At present there is no vacancy/longer stay in above said institutions mentioned by the petitioner. I find it appropriate to order the petitioner may be adjusted against vacancies existing in future as per his choices mentioned in the representation of the petitioner is considered and disposed of accordingly.” 9. After passing of rejection order dated 18.09.2023, (Annexure P-6), the petitioner is stated to have made a representation on 10.01.2024, Annexure P - 7, indicating fresh stations of choice in Para 9 of the representation and this representation is stated to be pending till day. 10. Per contra, Mr. Rajan Kahol, learned State Counsel submits that once the representation dated 10.01.2024, (Annexure P-7), is pending, the case of the petitioner shall be considered/examined afresh in terms of existing Transfer Policy. 11. Notably, a perusal of Clause 12, 15 and Clause 16.1 of the Transfer Policy gives strength to the claim of the petitioner, for the reason that, after having completed the minimum tenure of two winters and three summers, in tribal area, the petitioner is entitled to be considered for posting at soft station or any of the five stations of choice. A scanning of the norms, in existing transfer policy, reveals that, these Clauses nowhere mandate that the claim of the petitioner for transfer from tribal area to station of choice or to a soft area is to be considered only against vacancy. To the contrary, a reference to Clause 12, 15 and Clause 16.1 of the policy mandates to consider the claim of such an employee, for posting at any one of the five stations of choice, in which he has not served earlier and with the rider that such station(s) of choice shall be in more than one district. 12. Notably, a similar fact-situation came up for adjudication in CWP No.8483 of 2023, titled as Savita vs. State of Himachal Pradesh, decided on 04.11.2023, wherein, this Court, after considering the mandate of Clauses 12, 15 and Clause 16.1 of the existing transfer policy, has quashed a similar rejection order, wherein, the claim of the petitioner therein, for posting from tribal area to any of the indicated station of choice or to a soft area was rejected on the ground of “non availability of vacancy”. Since this plea in rejection orders was dehors the transfer policy, therefore, the same was quashed and set-aside, with the direction to the respondents to reconsider/re-examine the claim for posting afresh. 13. In this background, a reference needs to be drawn to the judgment passed by this Court, in case of Savita (Supra) which reads as under:- “11. This Court cannot refrain itself from observing that Clauses 12 and 16 of the Transfer Policy issued by the Respondent, mandates the State Authorities Respondents to consider the cases of employees for posting “to” any station in the “Tribal-Hard Areas etc.” [referred to in Para 5 above] and “from” such areas to a “Soft Areas etc.” [referred to in Para 5 above], by adopting a continuous process of change so that all employees, who have not served in such areas even once, should be posted to such areas. This discretion is to be fairly and objectively exercised by sending employees to such areas (Tribal-Hard Areas etc.) who have never served in such areas, and secondly, an employee who had served earlier can be sent again to such areas, only if, either due to the cadre being small or due to the fact that available incumbents, [who have never send in such areas] fall in any of the concessional categories mandated in Clause 5 of the Transfer Policy are granted relaxation /exemption by the Competent Authority [under Clause 23 of Existing Norms/Policy] as to achieve the object of uniform and non discriminatory application of norms and principles governing transfers and to ensure fairness in the State action. 12. The object of Clauses 12 and 16 of the existing Transfer Policy is that benefit of posting “to” and “from” the Tribal/Hard Areas” to the “Soft Areas” and vice versa should be invariably and uniformly applied on rotational basis, to all concerned in a cadre primarily with the twin objective; firstly, the employees who have served in Tribal-Hard Areas earlier are not sent again to these areas; and secondly, to ensure that the employees who have never served in such areas or had enjoyed their leisure postings in soft areas endlessly either by manipulating mutual transfers or adjustments by invoking political patronage or otherwise either by soliciting favours, directly or indirectly, person(s) not connected with the affairs of the Respondent-State or by managing written recommendation based on a DO-UO Note reflects a very bad State of affairs, for quiet same time, which is acted upon either by the Competent Authority or by the administrative-transferring authorities, merely because a recommendation was given by a person not connected or even a recommendation given by a legislative-MLA or even the concerned Minister. Such recommendations cannot be acted upon automatically, unless and until such recommendation reveals and is founded on cogent material, justifying public interest and administrative exigencies either due to complaint etc. A recommendation by a legislator-MLA can only be acted upon, in case, it reveals public interest and administrative exigencies i.e. based on complaint etc. in terms of Clause 16 of the existing policy. A recommendation by a legislator-MLA can only be acted upon, in case, it reveals public interest and administrative exigencies i.e. based on complaint etc. in terms of Clause 16 of the existing policy. Action of resorting to transfer of an employee, on the mere asking of such persons, in absence of any material justifying public interest and administrative exigencies amounts to colorable exercise of power leading to arbitrariness in state action, by violating its own norms and principle governing transfers, is deprecated. The transfer of an employee shall accrue, in case, it is based on a proposal, from the administrative transferring authority, justifying public interest and administrative exigencies, on cogent material and then is approved by the Competent Authority. Any reverse action, flowing from top to bottom [competent authorities to administrative transferring authority] without any cogent material indicating public interest and administrative exigencies gives rise to unfairness and arbitrariness and exercise of discretion in a discriminatory manner, by ignoring its own norms, leading to perversity cannot be permitted, when, the administrative transferring authority, Head of Department is the best person to adjudge the necessity of transferring or not to transfer an employee in public interest and administrative exigencies. Even, an employee who manages transfers, on extraneous considerations i.e. written recommendations of persons not connected with the affairs of state or even a legislator are equally at fault, when, it is trite law, that an employee who seeks a transfer or cancellation/modification etc. should approach the authorities in the department, who are bound to consider such request and redress the same, within a reasonable time. It is seen that despite requests by an employee, the administrative-transfer authorities sit over the matter, compelling such employees to approach Courts or due to in action to seek asylum by way of recommendations. In this background, to ensure fairness in state action, this Court mandates that on receipt of any request/representation for transfer or against transfer the administrative transferring authority are mandated to examine the same in the light of applicable norms. In the aforesaid backdrop, this Court hopes and trusts that the Respondents redress the grievances- representation made by an employee for or against transfers expeditiously, not later than two weeks from receipt thereof, so as to ensure expeditious redressal and fairness in state action. 13. In the aforesaid backdrop, this Court hopes and trusts that the Respondents redress the grievances- representation made by an employee for or against transfers expeditiously, not later than two weeks from receipt thereof, so as to ensure expeditious redressal and fairness in state action. 13. Another aspect needs to examined is that after completion of normal tenure of two winters and three summers in the Difficult-Tribal Areas referred to in Clause 16 of the existing Norms governing Transfers, the respondents have retained such incumbents in these areas either by prolonging their stay in the Tribal/Hard Areas, adds and aggravates the unfairness, arbitrariness and discrimination in state action, by ignoring Clause 12 and 16 of its own Policy. The action of the respondents in prolonging the stay in Tribal-Hard Areas despite completion of normal tenure of two winters and three summers, as mandated by the Policy, by neither seeking an option nor considering an employee for posting to a station in the ‘Soft Area’ is deprecated by this Court. The respondents-State Authorities cannot ignore the mandate of the law. The respondents cannot ignore uniform and equal application of these norms when, these norms were primarily incorporated in the existing policy keeping in view the mandate of the judgment passed by this Court in CWP No.1105 of 2006, titled as Sushila Sharma vs. State of Himachal Pradesh. 14. The plea of the respondents, in the impugned order, dated 10.10.2023, Annexure P-3, that the petitioner cannot be transferred to soft area i.e. Non Tribal/ Non Difficult/Non Hard/Non Remote/Non Rural areas, despite having submitted a representation, is on the ground that the respondents do not have vacancy at the stations of choice in soft areas as claimed by aforesaid employees, in considered opinion of the Court is arbitrary and perverse, on the ground that the provisions of Clause 12 and 16 of the Transfer Policy nowhere mandates such concession of posting to soft area is only to be extended against vacancy. This plea of the State Authorities, is arbitrary, unjust and perverse and, therefore, this plea dehors any such provision mandating the posting in soft areas after completion of normal tenure of hard area only against vacancy is not borne out from the policy, therefore, the same is quashed. 15. However, keeping in view the fair submission by Mr. Anup Rattan, learned Advocate General assisted by Mr. 15. However, keeping in view the fair submission by Mr. Anup Rattan, learned Advocate General assisted by Mr. B.C. Verma, learned Additional Advocate General to the effect that, in case, the petitioner makes a representation, her case shall be considered either against vacancy or against longer stay or otherwise so that her stay in the difficult/rural area is not prolonged any more. Accordingly, this Court permits the petitioner to file representation indicating fresh stations of choice in soft area within four weeks; with further directions to the Respondent No.2-Director of Elementary Education to reconsider the entire matter and decide the representation /matter within two weeks thereafter. 16. In the entirety of the above discussion, the impugned order dated 10.10.2023 (Annexure P-3), rejecting the representation of the petitioner for transfer from GSSS Kaffotta, District Sirmaur for posting in a soft areas; is quashed and set aside; with directions to reconsider the entire matter afresh, in light of the observations made hereinabove and the directions contained in Paras 9 to 15 supra.” 14. In the background of the facts and the mandate of law in case of Savita (supra) the rejection order dated 18.09.2023, (Annexure P-6) turning down the claim of the petitioner for consideration of his case for posting at “one of the five stations of choice”, due to non-availability of vacancy at such station(s) is dehors the mandate of Clause 12, 15 and Clause 16.1 of the Transfer Policy, when, the consideration of case has to be against a station, which has to fructified against vacancy or against longer stay or otherwise [against incumbents who had been managing postings-adjustments in vicinity on mutual basis or otherwise]. Once the respondents have neither resorted to nor undertaken the required exercise in terms of policy and the law, therefore, the rejection orders dated 18.09.2023 (Annexure P-6) are quashed and set aside. 15. Consequent upon quashing of rejection orders dated 18.09.2023 (Annexure P-6), the respondents are directed to re-examine the matter and to consider the representation dated 10.01.2024, (Annexure P-7) afresh; alongwith additional representation if submitted within a week from today; and to pass appropriate orders within three weeks from today; after giving a personal hearing to the petitioner, in the light of Clause 12, 15 and Clause 16.1 and the mandate of the judgment, in the case of Savita (supra). 16. 16. Needless to say that, this Court has not adverted to the rival contentions and merits of the matter and all questions of facts and law are left open. In aforesaid terms, the writ petition as well as the pending miscellaneous application(s), if any, shall also stand disposed of, accordingly.