2025:HHC:19036 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.8314 of 2025 Decided on: 20th June, 2025 _________________________________________________________________ Rajeev Kumar ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr Sikandar Bhushan, Deputy Advocate General, for respondents No.1 and 2. Mr.Vivek Thakur, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Following order, passed in the matter on 20.05.2025, gives the gist of the case of the petitioner, whereby the impugned transfer was stayed: - “Notice. Mr. Sikander Bhushan, Deputy Advocate General, appears and waives service of notice on behalf of respondents No.1 & 2. Notice be issued to respondent No.3, returnable for 20.06.2025. In addition to ordinary & usual modes of service, the petitioner shall also be at 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2025:HHC:19036 - 2 - liberty to serve the said respondent by way of dasti as prayed for. Steps for service be taken within two days. 2. It appears that while considering the representation of respondent No.3 for her transfer from GSSS Jhajjakothi, District Chamba, a hard/tribal area, pursuant to the decision dated 25.04.2025 rendered in CWP No. 6737 of 2025 (Poonam vs. State of H.P. & Ors.), respondents No.1 and 2 issued the impugned transfer order dated 15.05.2025. Vide the said order, respondent No.3 was transferred from GSSS Jhajjakothi, District Chamba to GSSS Andora, District Una, vice the petitioner, by clubbing the petitioner’s previous stay. 3. Learned counsel for the petitioner submits that petitioner was posted at his present place under office order issued on 06.03.2024. He has not completed his normal tenure at the present place of posting. Attention was also invited to decision rendered on 14.12.2023 in CWP No.8605 of 2023 (Anurag Chadha vs. State of H.P. & Ors.), wherein it was held that clubbing of stays of the Government employees for the purpose of effecting their transfer under office memorandum dated 27.10.2023 was ‘unsustainable as it operates de hors the mandate of Clause 10 of policy as well as Statutory Rule-SR 2(18)’. 4. Since the respondents have issued the impugned transfer order by clubbing the previous stays of the petitioner’s posting within a radius of 30 kms, which has already been held to be unsustainable in Anurag Chadha’s case (supra), the operation of impugned office order dated 15.05.2025 (Annexure P-2) shall remain stayed. It shall, however, be open for the respondents to consider the case of respondent No.3 afresh in 2025:HHC:19036 - 3 - accordance with law for her suitable adjustment. 5. List on 20.06.2025. In the meanwhile, reply be filed by appearing respondents.” Respondent No.3 stands served and has moved CMP No.13824 of 2025 for vacation of the interim relief granted to the petitioner in the aforesaid order. With consent of learned counsel for the parties, matter has been heard. 2. Under the impugned order dated 15.05.2025, representation of respondent No.3 for her transfer from tribal area of Jhajjakothi, Tehsil Churah, District Chamba, H.P. on completion of requisite tenure was allowed by respondent No.2. She was ordered to be posted at GSSS Andora, District Una, H.P. i.e. the place occupied by the petitioner as Trained Graduate Teacher (Medical). Learned counsel for the petitioner had contended on 20.05.2025 that respondents had wrongly clubbed petitioner’s previous stays within a radius of 30 K.Ms.; The clubbing of petitioner’s previous stays within the radius of 30 K.Ms. was in contravention to the decision rendered in 2025:HHC:19036 - 4 - Anurag Chadha Vs. State of H.P. & Ors2; That at the present place of posting i.e. GSSS Andora, petitioner was posted only on 08.03.2024; The petitioner had yet to complete his normal tenure of three years at the present place. Considering the above submissions, operation of impugned order was stayed on 20.05.2025. 3. It is a matter of record that decision in Anurag Chadha2 has been overruled by the Division Bench in Monika Katna Vs. State of H.P. & Ors3 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 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.” 2 CWP No.8605 of 2023 decided on 14.12.2023 3 CWP No. 2734 of 2024 decided on 06.06.2025 2025:HHC:19036 - 5 - Respondent No.3 in her CMP No. 13824 of 2025 has given incumbency position of the petitioner and of herself, which is as under:- Incumbency of the petitioner. Incumbency of the respondent No.3 Above tabulation makes it evident that petitioner had been serving within a radius of 7 K.Ms. eversince May 2017 in District Una, even though he belongs to a state cadre, whereas, respondent No.3, who is stated to be mother of a seven years old infant, has served in the tribal area for three years and the instant transfer under the impugned order to the place of petitioner is her second posting. In view of Monika Katna3 the argument against non-clubbing of postings within a radius of 30 K.Ms. is not available to the petitioner now. In the given facts and circumstances of the case, May 2017 to April 2021 GSSS Jowar District Una 05.04.2021 to 07.03.2024 GSSS Kuthera-Khirala, District Una 08.03.2024 to till date GSSS Andora District Una Year Placements 23.02.2022 to 16.05.2025 GSSS Jhajja Kothi, E/B Churah, Tribal area 17.05.2025 to till date GSSS Andora, District Una 2025:HHC:19036 - 6 - where the petitioner has served within a radius of 7 K.Ms. in District Una w.e.f. May 2017 till date and whereas respondent No.3, a mother of seven months old infant child having served tribal area for requisite tenure, having been transferred to the place to the petitioner, the impugned order cannot be said to be suffering from any infirmity. The writ petition, therefore, fails and is accordingly dismissed. 4. At this stage, learned counsel petitioner submits that petitioner’s five years old son is suffering from nephrotic syndrome and is undertaking treatment from PGI Chandigarh and for that reason, it will be difficult for the petitioner to serve at the place of respondent No.3. Regarding above, the only observation that can be made is that it is for the petitioner to make a representation to the respondents about his difficulties in that regard. In case such a representation is so made, it is expected from the respondents to dispose of the same expeditiously, preferably within two weeks. However, by virtue of dismissal of the writ petition, interim order stands vacated. Respondent No.3 shall be permitted to join at her transferred place forthwith. 2025:HHC:19036 - 7 - Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge June 20, 2025 R.Atal