Extracted from the PDF above. The PDF is authoritative.
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8488 of 2025
Date of decision: 22.05.2025 Bishan Lal.
...Petitioner. Versus State of H.P. & Ors.
...Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? For the petitioner : Mr. Naveen K. Bhardwaj, Advocate.
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 Head Teacher at GPS Devdhar, Education Block Kullu-II, District Kullu. His grievance in the present petition is to the office order dated 16.05.2025 (Annexure P-1) that transfer him to GPS Nalhach, Education Block, Kullu-II, District Kullu. Learned counsel for the petitioner contends that petitioner was posted at GPS Devdhar, i.e. his present place of posting, on
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21.11.2023. 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 petitioner is left with one year and ten months to superannuate, i.e. in the month of March,
2027.
Learned counsel for the petitioner further submits that no one else has been posted at the place of the petitioner, i.e. GPS Devdhar 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(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
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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 16.05.2025 (Annexure P-1) shall remain stayed qua the petitioner or in other words petitioner shall be allowed to continue to serve at GPS Devdhar. 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)