IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.7744 of 2025 Decided on: 03.09. 2025 _________________________________________________________________ Lucky ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vinod K. Thakur, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 to 3. Jyotsna Rewal Dua, Judge Petitioner is presently serving as Language Teacher in District Hamirpur in the respondent-Education department. With the grievance that he should have been transferred to a particular station i.e. GHS Booni, u/c GSSS Dangri, District Hamirpur, H.P., he has instituted this writ petition. 2. On 01.05.2025 (Annexure P-1), petitioner was transferred from GHS Nareli, District Hamirpur to GHS 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Booni, District Hamirpur. Transfer was ordered vice respondent No.4, who was brought in place of the petitioner from GHS Booni. Petitioner joined his duties at GHS Booni on 02.05.2025 (Annexure P-2). Office order dated 01.05.2025 was cancelled by the respondents on 03.05.2025 (Annexure P-3). Consequently, petitioner joined back at GHS Nareli on 03.05.2025. Respondent No.4 also remained at GHS Booni. Fresh transfer order was issued by the respondents on 07.05.2025 (Annexure P-5), bringing respondent No.4 to GHS Nareli and in order to make way for her posting at the aforesaid place, petitioner was transferred to GHS Chakmoh, District Hamirpur, H.P. Petitioner has laid challenge to the office order dated 07.05.2025, whereunder, he was transferred to GHS Chakmoh, with further prayer to direct the respondents to allow him to continue at his present place of posting i.e. GHS Nareli, District Hamirpur. 3. Taking note of the submissions made for the petitioner that vacancy of Language Teacher existed at GHS Booni where petitioner desired posting, the respondents were directed to have instructions about accommodating the - 3 - petitioner at the aforesaid place. Respondents placed on record instructions, in terms of which, 41 students were enrolled at GHS Booni, whereas 101 students were studying at GHS Chakmoh, therefore, petitioner was ordered to be transferred at GHS Chakmoh. It has also come out that during pendency of the petition, the petitioner has since joined at the transferred station i.e. GHS Chakmoh. 4. Notwithstanding petitioner’s joining at the transferred station GHS Chakmoh, the reply filed by the respondents also assumes significance that petitioner has served within a radius of 15 K.Ms during his entire service period w.e.f. 01.03.2019 till 09.05.2025; That prior to his posting at GHS Nareli, where he served from March 2022 to May 2025, petitioner has remained posted at GSSS Kot, Hamirpur w.e.f. the year 2019 to 2022; The distance between GHS Nareli to GSSS Kot, both in District Hamirpur, is about 10 K.Ms. Petitioner’s stay within a radius of 10 K.Ms. is about six years. In terms of reply filed, petitioner has been transferred to GHS Chakmoh, which is at a distance of about 49 K.Ms from his present place and the area, is well - 4 - connected through road. In the given facts, petitioner is liable to be transferred from his presence place of posting. His transfer to GHS Chakmoh does not call for any interference. Petitioner does not have any vested right to seek posting at GHS Booni. It is the prerogative of the employer to transfer the employee(s) in accordance with administrative needs and public interest. 5. For the foregoing, I do not find it to be a case requiring interference in the transfer order. The writ petition is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge September 3, 2025 R.Atal