IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.8390 of 2025 Decided on: 01.08.2025 _________________________________________________________________ Rajender Singh ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Yudhbir Singh Thakur, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General, for respondents No.1 to 3. Jyotsna Rewal Dua, Judge Petitioner is serving as Junior Basic Trained (JBT) Teacher in respondent-Education Department. He was posted at GCPS Gaddidhar, E/B Dharampur-II, District Mandi on 24.08.2024. After about nine months’ of posting at GCPS Gaddidhar, respondents issued an office order on 13.05.2025 (Annexure P-1), transferring the petitioner to GPS Chadog, E/B Nihri, District Mandi against vacant post in a school without teacher. The aforesaid office order was cancelled by 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - the respondents on19.05.2025. Petitioner feels aggrieved against the office order passed by the respondents on 19.05.2025 (Annexure P-5), cancelling his transfer to GPS Chadog. He has preferred this writ petition seeking implementation of order dated 13.05.2025, whereby he was transferred to GPS Chadog. 2. Learned counsel for the petitioner submits that order dated 13.05.2025 was issued on the basis of request made by one Sh. Lalit Sharma, Pradhan Gram Panchayat, Kindar, Development Block Nihri, District Mandi on 16.03.2025 (Annexure P-4). The request was made by the Pradhan, Gram Panchayat Kindar, in view of absence of permanent teacher at GPS Chadog. Learned counsel for the petitioner urges that order dated 13.05.2025 was justly passed by the respondents in public interest in view of the fact that GPS Chadog was without any permanent teacher. It has further been contended that the aforesaid order was cancelled by the respondents only on the basis of request made by respondent No.4 on 04.04.2025 (Annexure P-2). Prayer was made to direct the respondents to implement the transfer order dated - 3 - 13.05.2025 (Annexure P-1). 3. Heard learned counsel for the parties and considered the case file. 4. Respondents have given following incumbency of the petitioner. The above tabulation reflects that petitioner was posted at GCPS Gaddidhar only on 24.08.2024. He, thus, had very short stay at GCPS Gaddidhar, therefore, in terms of applicable Transfer Policy, he could not have been transferred within eight months of stay at GCPS Gaddidhar, E/B Dharampur-II to GPS Chadog, E/B Nihri. The reply also indicates that petitioner had served at Education Block Nihri for a period of 22 years. GCPS Gaddidhar falls in Education Block Dharmpur, whereas GPS Chadog, where petitioner wants to be posted by seeking implementation of the order dated 13.05.2025, falls in Education Block Nihri. The Place of posting From To Remakrs GCPS Doghari EB Nihri 07.09.2002 04.03.2024 GCPS Balag, EB Nihri 04.03.2024 16.03.2024 12 days GCPS Doghari, EB Nihri 16.03.2024 23.08.2024 GCPS Gaddidhar EB Dharampur-II 24.08.2024 Till date - 4 - petitioner has no vested right to seek posting at one Education Block i.e. Nihri, where he has already served for over 20 years. Further learned Deputy Advocate General has placed on record copies of relevant record alongwith office instructions dated 13.05.2025 from the Director School Education, Himachal Pradesh, which reveal that order dated 13.05.2025, which the petitioner seeks to implement and which has otherwise been cancelled by the respondents on 19.05.2025, was actually issued only on the basis of a D.O. note that emanated in view of note dated 19.03.2025 issued by the Member of Legislative Assembly. In view of above, no case is made out for interfering with office order dated 19.05.2025 (Annexure P-5) that cancels the office order dated 13.05.2025. Consequently, there is no merit in the present petition, the same is accordingly, dismissed. However, considering that GPS Chadog is alleged to be without any permanent teacher, respondents to verify this and ensure posting of regular teacher over there so that students do not suffer. - 5 - Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge August 01, 2025 R.Atal