IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8522 of 2025 Decided on: 17th July, 2025 ------------------------------------------------------------------------------------- Dinesh Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Mukul Sood, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 and 2. Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sohail Khan, Advocate, for respondent No.3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner is serving as Trained Graduate Teacher (Non-Medical). He has come up in this writ petition against office order dated 20.05.2025 (Annexure P-2) that transfers him from GMS Ludret, under complex Darkota at Barial, District Kangra to GSSS Nagali Banikhet, District Chamba vice respondent No.3. Pursuant to the interim 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 order passed in this writ petition on 22.05.2025, the petitioner is presently continuing to serve at GMS Ludret. 2. Respondents have filed replies to the writ petition. In the reply filed by respondents No.1 and 2, following incumbency position of the petitioner has been given:- S. No. Name of School Period Estimated Distance approx 1. GHS Mooring (L&S) 09.08.2017 to 29.06.2021 2. GSSS Haripur (Kangra) 30.06.2021 to 05.03.2024 3. GMS Ludret u/c GSSS Daroka at Barial, Distt. Kangra 05.03.2024 to date Approximately 18 KM from previous station The above table makes it evident that the petitioner has been serving within a distance of about 18 kilometers w.e.f. 30.06.2021. Therefore, it cannot be said that the petitioner has not completed his normal tenure at the present place. The second contention of the petitioner about respondent No.3 having been transferred to petitioner’s place on the basis of D.O. Note dated 13.05.2025 is also not available to him in the given facts, when he has not disputed the factual assertion made for respondent No.3 about petitioner himself being the beneficiary of D.O. note for his posting at Ludret. 3 3. At this stage, learned counsel for the petitioner submitted that petitioner’s wife is posted as Junior Engineer in the office of Block Development Officer, Nagrota Surian, District Kangra and it was because of his wife’s posting at the aforesaid place that the petitioner was also posted at Ludret, being a couple case, even though he belongs to District Hamirpur. Learned counsel also submitted that the petitioner is entitled to the benefit of Clause 5.4 of the transfer policy, which provides certain concessions to couples serving in the State of Himachal Pradesh. Learned counsel further submitted that the petitioner would be satisfied in case he is permitted to make a representation to respondent No.2/competent authority highlighting the above circumstances, more particularly, being a couple case, whereafter, the said authority be directed to consider and decide the same within a time bound schedule. Learned Deputy Advocate General is not averse to this prayer. 4. In view of above submissions and without interfering with the transfer of respondent No.3 to GMS Ludret, under complex Darkota at Barial, District Kangra under impugned office order dated 20.05.2025 (Annexure P-2), this writ petition is disposed of by permitting the 4 petitioner to file a representation to respondent No.2/ competent authority for his suitable adjustment within three days from today, whereafter, the same shall be considered and decided by the said authority in accordance with law and applicable transfer policy within a period of ten days thereafter. The decision so arrived at shall also be communicated to the petitioner. Till such decision, the petitioner shall not be compelled to join at the transferred station and shall be at liberty to avail leave of the kind due. It is made clear that in case no such representation is made within the aforesaid period, interim protection granted to the petitioner shall stand automatically vacated. Interim order dated 22.05.2025 shall stand vacated. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 17, 2025 Judge Mukesh