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2025 DAILYLAW 13818 (HP)

SATPAL SINGH v. THE STATE OF HP AND OTHERS

CWP/8494/2025 · 2025-05-22

Jyotsna Rewal Dua

Transfer Petitionbody2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8494 of 2025 Date of decision: 22.05.2025 Satpal Singh. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Virbahadur Verma and Mr. Mukul Sharma, Advocates. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. With the consent of learned counsel for the parties, matter is heard at this stage. 2. Petitioner is serving as Headmaster at GHS Baduhi-Khas, U/c GSSS Baduhi, District Kangra. His grievance in the present petition is to the office order dated 08.05.2025 (Annexure P-3) that transfer him to GHS Majra, U/c GSSS Motli, District Kangra. Learned counsel for the petitioner contends that petitioner was posted at GHS Baduhi-Khas, i.e. his present place of posting, only on -2- 17.07.2023. He has just completed about 1 year and 10 months at the present place of posting. He has yet to complete his normal tenure, i.e. 3-5 years at his present place. The impugned order is in violation of the transfer policy. Petitioner has been transferred without letting him complete his normal tenure. It was also submitted that the impugned office order suggests as if the petitioner had requested his transfer, since he has not been held entitled to Transfer Travel Allowance and Joining Time under the said order, whereas the fact is that the petitioner did not request for his transfer. Learned counsel for the petitioner further submits that the petitioner has been relieved from his present place of posting, however, he has not joined at the transferred station and also that no one else has been posted at the place of the petitioner, i.e. GHS Baduhi-Khas, and that it is a case of single transfer. 3. Taking into consideration the submissions made for the petitioner, it will be expedient to dispose of this petition with the following directions:- -3- 3(i). Petitioner is permitted to prefer a detailed representation to the Competent Authority/respondents against the impugned office order within a period of two weeks from today. In case, such representation is so preferred, the Competent Authority shall consider and decide the case of the petitioner in accordance with law, within a further period of four weeks. The order so passed shall also be communicated to the petitioner. 3(ii). Till such time, the operation of office order dated 08.05.2025 (Annexure P-3) shall remain stayed qua the petitioner or in other words petitioner shall be allowed to continue to serve at GHS Baduhi-Khas. 3(iii). It is further clarified that in case the petitioner fails to prefer the aforesaid representation within the stipulated period, the interim protection granted under this order shall be deemed to have been automatically vacated. This writ petition is disposed of in above terms so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 22nd May, 2025 Judge (Pardeep)