1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7972 of 2025 Date of decision: 21.06.2025 Anil Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Vinod Thakur, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondents No.1 & 2-State. : Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner and respondent No.3 are serving as Trained Graduate Teachers (Non-Medical) in the respondent- Education Department. Petitioner’s grievance is to the office order dated 05.05.2025 (Annexure P-1), wherein he was transferred from GHS Kanerar, District Hamirpur to GSSS Jadera, District Chamba vice respondent No.3. 2. This writ petition was taken up on 15.05.2025, when learned counsel for the petitioner had submitted that:- (i) The petitioner had been transferred on the basis of DO -2- Note No.176935 dated 01.04.2025 only to accommodate respondent No.3; (ii) Petitioner was posted at the present place of posting in February, 2024. He had completed just about a year and three months at the present place of posting when the impugned order was issued by clubbing his previous stays within a radius 30 kms for effecting his transfer from Kanerar, District Hamirpur to Jadera, District Chamba. The said action was stated to be in violation of the decision rendered in Anurag Chadha Vs. State of H.P. & Ors1. Taking note of above submissions, operation of impugned office order dated 05.05.2025 (Annexure P-1) was ordered to be stayed qua the petitioner and respondent No.3. 3. It is a matter of record that decision in Anurag Chadha1 has been overruled by the Division Bench in Monika Katna Vs. State of H.P. & Ors2 as under:- “In this view of the matter, we respectfully agree with the view taken by Hon’ble Mr. Justice Ajay Mohan Goel, in the instant case and hold that the office memorandum dated 27.10.2023 which provides for clubbing of stay for the purpose of transfer of employees of the Education Department is absolutely legal and valid and not contrary to Clause-10 of the 1 CWP No.8605 of 2023 decided on 14.12.2023 2 CWP No. 2734 of 2024 decided on 06.06.2025 -3- Transfer Policy of the State government dated 10.07.2013 and/ or the mandate of Statutory Rule i.e. SR 2 (18), as held by a Coordinate Bench (Hon’ble Mr. Justice Ranjan Sharma) in its decision dated 14.12.2023 passed in CWP No.8605 of 2023 titled as Anurag Chadha versus State of Himachal Pradesh and others and consequently, the judgment so rendered is overruled and the question is answered accordingly.” 4. Respondent No.3 stands served. Along with reply filed to the writ petition, an application bearing CMP No.12644 of 2025 has also been filed for modification of the interim order. Learned Senior Counsel for respondent No.3 has pointed out that:- ⚫ Petitioner had obtained two DO Notes, i.e. 183268 dated 24.04.2025 issued by Member of Legislative Assembly, Sujanpur and 185871 dated 03.05.2025 issued by a leader of ruling political party from Hamirpur, for his transfer from present place of posting, i.e. GHS Kanerar, District Hamirpur, to GHS Amned, District Hamirpur. ⚫⚫ Learned Senior Counsel for respondent No.3 further submits that it is a fact that before the DO Notes obtained by the petitioner could be implemented, respondent No.3 also obtained DO Note No.176935 dated 01.04.2025 for -4- his adjustment at GHS Kanerar, District Hamirpur, i.e. petitioner’s present place of posting. On the basis of DO Note obtained by respondent No.3, he was transferred to GHS Kanerar, District Hamirpur. Consequently, the petitioner was transferred to respondent No.3’s place of posting at GHS Jadera, District Chamba. Learned Senior Counsel for respondent No.3 also submits that respondent No.3 was compelled to get himself adjusted at GHS Kanerar, District Hamirpur, in view of his adverse family circumstances inasmuch as his aged mother had been diagnosed with Metastatic Stage-IV Cancer; She had also suffered a fracture in her right knee, which could not be operated on account of spread of Cancer; She was and remains completely bed-ridden on account of her ailments; Wife of respondent No.3 though has been looking after respondent No.3’s aged and ailing mother, who was undergoing treatment at Government Medical College, Chandigarh, but was finding it difficult to continue to look after respondent No.3's mother and also to simultaneously discharge her household duties; The only child of respondent No.3 has become partially blind on account of Keratoconas, which has affected the shape of his cornea and because of -5- this disease, he had not been able to study in the stream he desired. Respondents No.1 & 2 have not filed the reply. 5. In view of position, which has come on record and is not in dispute, it becomes apparent that petitioner as well as respondent No.3 have obtained DO Notes. The petitioner has managed to get two DO Notes for his transfer from GHS Kanerar, District Hamirpur to GHS Amned, District Hamirpur. It appears that before petitioner could be transferred to Amned, District Hamirpur, respondent No.3 obtained the DO Note and got himself transferred at Kanerar, District Hamirpur and consequently, petitioner was sent to Jadera, District Chamba, i.e. placed occupied by respondent No.3. Even though respondent No.3’s transfer under the impugned order is on the basis of DO Note, however, considering the family circumstances highlighted by him above, it will not be appropriate to interfere with his transfer under the impugned order at this stage and to disturb him from Kanerar, District Hamirpur, where he has been posted under the impugned order though issued on the basis of DO Note. As noticed earlier, petitioner had also -6- obtained DO Notes for his transfer from Kanerar, District Hamirpur to Amned, District Hamirpur. Petitioner is also beneficiary of DO Notes, therefore, he cannot otherwise be heard to complain that respondent No.3 is the beneficiary of DO Note. Nonetheless, learned counsel for petitioner submits that the petitioner had also requested for his transfer from Kanerar, District Hamirpur to Amned, District Hamirpur, since the petitioner himself is suffering from some ailments. If that is the position, it shall be open for the petitioner to make a representation in that regard to the Competent Authority within a period of three days from today. In case, such a representation is so preferred, the Competent Authority shall consider and decide the same in accordance with law and applicable transfer policy within a further period of one week. The order so passed shall also be communicated to the petitioner. With the above observation, this writ petition is disposed of, vacating the interim order with directions to the respondents to permit respondent No.3 to join at GHS Kanerar, District Hamirpur forthwith. -7- Till the decision of the petitioner’s representation, the petitioner shall not be compelled to join at the transferred station. He shall be at liberty to avail leave of kind due. 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. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua 21th June, 2025 Judge (Pardeep)