IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7294 of 2025 Decided on: 26th June, 2025 ------------------------------------------------------------------------------------- Ankush Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. A.K. Sharma, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General, for respondents No.1 to 3. Mr. Ajay Kumar Sharma, Advocate, for respondent No.4. None for respondent No.5, though served. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Respondent No.5 though stands served, however, there is no appearance on her behalf. Accordingly, she is proceeded against ex-parte. 2. Petitioner and respondent No.4 both are serving as Subject Matter Specialist (SMS) in the respondent- Agriculture Department. Petitioner was serving as SMS, 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Development Block Nadaun, District Hamirpur, when under the impugned notification dated 30.04.2025 (Annexure P-1), he was transferred to Development Block Sujanpur, District Hamirpur. By the same notification dated 30.04.2025, respondent No.4 was also transferred from Directorate of Agriculture at the disposal of PD, HPCDP-JICA-II, Hamirpur in BPMU Bilaspur, against vacant post of ADO and further on secondment basis in the office of DPMU, HPCDP-JICA-II, Hamirpur as SMS to Development Block Nadaun, District Hamirpur, i.e. at the place of petitioner’s posting. Respondent No.5 was transferred at the place occupied by respondent No.4. 3. The petitioner has assailed his transfer on the ground that he was posted at the present station only in May, 2023 and has not completed his normal tenure. Another ground urged is that the impugned transfer has been effected only to accommodate respondent No.4, who has managed to get his posting at petitioner’s place on the strength of a D.O. Note, bearing No.181230. 4. I have heard learned counsel for the parties and considered the case file. 3 4(i). The incumbency position of the petitioner and respondent No.4, as placed on record by the respondent- State, assumes significance and is extracted hereinafter:- Incumbency of the petitioner:- Place of posting Period of posting 1. As Agriculture Development Officer, O/o District Agriculture Officer, Reckongpeo, Distt. Kinnaur, H.P. 26.08.2017 to 02.03.2021 2. As Agriculture Development Officer, O/o Deputy Director of Agriculture, Hamirpur 04.03.2021 to 25.05.2023 3. As Subject Matter Specialist, Development Block Nadaun w.e.f. 25.05.2023 onwards. Incumbency of respondent No.4:- Place of posting Period of posting 1. As Agriculture Development Officer, Development Block Chamba, Distt. Chamba, H.P. 28.02.2019 to 21.01.2022 2. As Agriculture Development Officer, Lambloo Circle, Development Block, Bamsan, Distt. Hamirpur, H.P. 24.01.2022 to 02.09.2024 3. As Subject Matter Specialist, Development Block Dehra, Distt. Kangra, H.P. 03.09.2024 to 19.09.2024 4. As Subject Matter Specialist, Directorate of Agriculture, Shimla, H.P. 20.09.2024 to 19.10.2024 5. As Subject Matter Specialist, O/o District Project Manager, HPCDP-JICA-ODA, Hamirpur, H.P. 21.10.2024 to 03.05.2025 6. As Subject Matter Specialist, Development Block Nadaun, Distt. Hamirpur, H.P. w.e.f. 05.05.2025 onwards 4(ii). Petitioner’s incumbency reflects that after serving the tribal area for three years, the petitioner has remained posted in District Hamirpur w.e.f. 04.03.2021. In fact, he remained posted in proper Hamirpur w.e.f. 04.03.2021 to 25.05.2023 and thereafter at Nadaun, District Hamirpur w.e.f. 25.05.2023. Distance between 4 Hamirpur and Nadaun is stated to be around 25 kilometers. Under the impugned notification dated 30.04.2025, the petitioner has been transferred to Sujanpur, District Hamirpur. Distance between Nadaun and Sujanpur is stated to be around 28 kilometers. Thus, petitioner’s contention of short stay at his present place of posting cannot be accepted. He is a Class-I Officer and is continuing in District Hamirpur w.e.f. 04.03.2021. 4(iii). Similarly, respondent No.4 served as Agriculture Development Officer in District Hamirpur, more particularly, at Development Block Bamsan w.e.f. 24.01.2022 to 02.09.2024. During hearing, it was apprised by learned counsel for respondent No.4 that the said respondent was transferred to the Directorate of Agriculture, Shimla on 30.08.2024, but the order was not given effect to. Respondent No.4 never joined at Shimla. By another order dated 02.09.2024, he was transferred from Bamsan to Dehra, where he remained till 19.09.2024. Respondent No.4 was further ordered to be transferred to the Directorate of Agriculture, Shimla, where he served as such w.e.f. 20.09.2024. However, about a month later, respondent No.4 again managed his transfer as Subject Matter Specialist in the office of District Project Manager, 5 HPCDP-JICA-ODA, Hamirpur on 21.10.2024, where he served till 03.05.2025. He is presently serving as SMS at Development Block Nadaun, District Hamirpur, pursuant to the impugned notification dated 30.04.2025. 4(iv). As observed earlier, notice issued to respondent No.5 though stands served, however, she has chosen not to contest the petition. 5. In the given facts and circumstances of the case, it appears that both the incumbents, i.e. petitioner and respondent No.4, even though are Class-I Officers, yet are interested to serve only in District Hamirpur. It is an admitted position that the impugned notification is the result of a D.O. Note obtained by respondent No.4 for his transfer at Nadaun, i.e. petitioner’s place of posting. Since the petitioner has also remained posted in District Hamirpur w.e.f. 04.03.2021 and keeping in view the incumbency of petitioner & respondent No.4, it will be in the interest of justice to direct respondent No.1 to consider the respective cases of the petitioner as well as respondents No.4 and 5 (being a triangular transfer case) for transfer afresh in accordance with law and applicable transfer policy. 6 Accordingly, this writ petition is allowed. Impugned notification dated 30.04.2025 (Annexure P-1) is quashed and set aside. Respondent No.1 is directed to consider the respective cases of the petitioner and respondents No.4 & 5 for transfer afresh in accordance with law & applicable transfer policy and keeping in view the observations made above, within a period of two weeks from today, i.e. latest by 11.07.2025. While reconsidering the cases, efforts be made not to disturb respondent No.5 from the place where she has been sent under notification dated 30.04.2025. The decision so arrived at, shall also be communicated to the parties concerned. In the meanwhile, the parties shall be allowed to continue to serve at their present places of posting, i.e. in terms of the impugned notification dated 30.04.2025. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 26, 2025 Judge Mukesh