Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8621 of 2025 Date of Decision: 24.07.2025 _______________________________________________________ Nageshwar Singh …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. V.B.Verma & Ms. Anu Minhas, Advocates. For the Respondents: Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT (Arts) at GSSS Mera Masit, Mandi, Himachal Pradesh, is aggrieved by order dated 21.05.2025 (Annexure P-2), whereby he has been transferred from afore school to GSSS Gahan, Shimla, Himachal Pradesh.
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. V.B.Verma,
learned counsel representing the petitioner, is that transfer of the petitioner has been effected on the basis of DO note issued by some extra constitutional authority that too in order to accommodate the 1Whether the reporters of the local papers may be allowed to see the judgment? 2 private respondent. Besides above, it has been averred in the petition that wife of the petitioner is working in the Revenue Department and at present she is working as Kanungoo at Dharampur, Sarkaghat and as such, petitioner ought not to have been transferred to GHS Gahan, Shimla, rather ought to have been given a convenient station on the ground of couple case. 3. Respondent-State has filed reply, perusal whereof reveals that petitioner has also been recipient of a DO note in past and petitioner had managed his transfer from GHS Bahu under complex GSSS Mohini, District Kullu, Himachal Pradesh to GSSS Mera Masit, Mandi, vide DO note No. 448104 dated 23.09.2024 and on the basis of same, transfer orders were issued within a short span, about one month ago. Since it is quite apparent from the reply filed by the respondent-State that petitioner has already completed normal tenure at GSSS Mera Masit, Mandi, and he was transferred on the basis of DO note, as detailed hereinabove, plea raised by the petitioner with regard to his impugned transfer order on the basis of DO note is of no consequence. 4. Though having taken note of aforesaid fact, this Court sees no reason to interfere in the impugned transfer order, however, having taken note of the fact that wife of the petitioner is also a Government employee and is working at Dharampur, District Mandi,
3 Himachal Pradesh, this Court, without going into the merits of the case, deems it fit to dispose of the present petition reserving liberty to the petitioner to file representation to the competent authority within two days for his transfer at a nearby station on the ground of couple case, which shall be decided by the competent authority within ten days. Ordered accordingly. 5.
Ordered accordingly. 5. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of Transfer Policy formulated by the Government of Himachal Pradesh, which certainly enables an employee to seek cancellation of transfer/adjustment at a convenient station on account of couple case. Pending applications, if any, stand disposed of. p (Sandeep Sharma), Judge July 24, 2025 (Sunil)