IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7401 of 2025 Date of Decision: 21.05.2025 __________________________________________________________ Subhash Chand …….Petitioner Versus State of H.P. and Others ….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Surinder Saklani, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. Mr. Vishwa Bhushan and Ms. Aafreen Kaushal, Advocates, for respondent No.5. __________________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Lecturer of Physics in Government Senior Secondary School, Phangwas, Tehsil Sundernagar, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, laying therein challenge to impugned cancellation order dated 01.05.2025 (Annexure P-4), whereby transfer order dated 30.04.2025, whereby petitioner came to be transferred from Government Senior Secondary School, Phangwas, District Mandi, Himachal Pradesh, to Government Senior Secondary School, Trifalghat, District Mandi, Himachal Pradesh, came to be cancelled. 1Whether the reporters of the local papers may be allowed to see the judgment? -2- 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Surinder Saklani, learned counsel representing the petitioner is that though vide transfer order dated 30.04.2025, petitioner was transferred from present place of posting to Government Senior Secondary School, Trifalghat, District Mandi, but within one day of passing of afore transfer order, private- respondent No.5 succeeded in getting the afore order cancelled. It specifically came to be averred in the petition that transfer of the petitioner has been cancelled on the basis of D.O. note given by local M.L.A. This Court vide order dated 16.05.2025, passed the following order: “Since respondent No.5-Sh. Anand Dev Sharma is ready and willing to get transferred from Trifalghat, District Mandi, Himachal Pradesh, to some other station, learned counsel representing him, on instructions, states that respondent No.5 is ready and willing to get transferred from afore station, but since one post of Lecturer is lying vacant at GSSS Chandesh, he can be sent to Chandesh, as a result thereof, petitioner, who has filed instant petition against cancellation order dated 1.5.2025, can be permitted to work at GSSS Trifalghat. Learned Additional Advocate General to have instructions on or before next date of hearing. List on 21.5.2025. In the meantime, interim order to continue.” 3. In response to directions contained in the aforesaid order, Mr. Rajan Kahol, learned Additional Advocate General, invited attention of this Court to reply filed by the respondents/State, perusal whereof reveals that pursuant to impugned cancellation order dated 01.05.2025 (Annexure P-4), petitioner herein has not joined at Government Senior -3- Secondary School, Trifalghat, District Mandi. It is further averred in the reply that petitioner was transferred from Government Senior Secondary School, Phangwas, District Mandi to Government Senior Secondary School, Trifalghat, District Mandi, vice Mr. Anand Dev Sharma i.e. private-respondent No.5, clubbing his previous stay within the radius of 30 kilometers vide order dated 30.04.2025, with the approval of competent authority. 4. Mr. Vishwa Bhushan, learned counsel representing respondent No.5 made available copy of office order dated 20.05.2025, to state that Mr. Anand Dev Sharma has been transferred from Trifalghat, Mandi to Chandesh, Mandi, as a result thereof, petitioner herein, can always join at Trifalghat, Mandi, pursuant to transfer order dated 30.04.2025, which was subsequently cancelled on 01.05.2025. Mr. Vishwa Bhushan fairly states that order dated 20.05.2025 has been passed pursuant to statement made by him on 16.05.2025 before this Court, thereby expressing intention of private-respondent No.5 to be transferred at place called Chandesh, Mandi, against vacant post. 5. After having perused order dated 20.05.2025, Mr. Rajan Kahol, learned Additional Advocate General, fairly stats that on account of adjustment of private-respondent No.5 at Government Senior Secondary School, Chandesh, Mandi, petitioner herein can be permitted to join at Government Senior Secondary School, Trifalghat, District Mandi. -4- 6. Consequently, in view of aforesaid development and fair stand adopted by learned Additional Advocate General, present petition is allowed and impugned cancellation order dated 01.05.2025 is quashed and set-aside. Respondents are directed to permit the petitioner to join at Government Senior Secondary School, Trifalghat, District Mandi, pursuant to transfer order dated 30.04.2025. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. (Sandeep Sharma), Judge May 21, 2025 (Rajeev Raturi)