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2025 DAILYLAW 16457 (HP)

SAROJ SHARMA v. THE STATE OF HP AND OTHERS

CWP/9322/2025 · 2025-08-13

Jyotsna Rewal Dua

body2025

Judgment text

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1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9322 of 2025 Date of decision: 13.08.2025 Saroj Sharma. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Ashok K. Verma, Advocate. For the respondents : Mr. Rajat Choudhary, Assistant Advocate General, for respondents No.1 & 2-State. : Mr. Ajay Kumar Dhiman, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner, serving as Trained Graduate Teacher (Non-Medical), took exception to office order dated 02.06.2025 transferring her from GHS Dokru u/c GSSS Jhandutta, District Bilaspur, to GSSS Nand, District Solan. This transfer was ordered vice respondent No.3, who was brought in place of the petitioner from GSSS Nand, District Solan. 2. The aforesaid transfer has been assailed by the petitioner on the grounds that she was transferred to GHS Dokru, District Bilaspur, only on 01.05.2025, and within a -2- month of her posting at GHS Dokru, District Bilaspur, the respondents transferred the petitioner under the impugned office order to GHS Nand, District Solan, without allowing the petitioner to serve normal tenure at GHS Dokru. Another ground urged is that respondent No.3 has been transferred to the place of the petitioner, i.e. GHS Dokru, under the impugned office order on the basis of a DO note issued by an extra-constitutional authority. Taking above factors into consideration, the operation of the impugned office order dated 02.06.2025 (Annexure P-2) was stayed qua the petitioner and respondent No.3 vide order dated 05.06.2025 passed in this writ petition. 3. Learned Assistant Advocate General has placed on record incumbency positions of both the private parties. Petitioner’s incumbency is as under:- Sr. No. Date since working in the present school Previous place of posting as TGT (NM) Period Distance 1 GHS Dokru u/c GSSS Jhandutta, (BLS) 02.05.2025 GSSS Bharoli Kalan (BLS) 17.12.2020 to 02.05.2025 2 GHS Dokru u/c GSSS Jhandutta, (BLS) 02.06.2025 18 kms -3- 3 U/t GSSS Nand (SLN) 50 kms Respondent No.3’s incumbency is as under:- Sr. No. Name of official School name DOA on contract basis D.O. Regularization Previous station 1 Satish Kumar, TGT (NM) GSSS Nand, District Solan 31.08.2018 25.10.2021 At GSSS Nand, w.e.f. 31.08.2018 till date 4. Learned counsel appearing for respondent No.3 apprises that the petitioner had been serving at Serwa, District Bilaspur, w.e.f. the year 2016 till her joining at Bharoli, District Bilaspur, on 17.12.2020; The distance between Serwa and Bharoli is about 15 kms. This position has not been disputed for the petitioner. This submission along with the petitioner’s remaining incumbency position tabulated above, makes it evident that the petitioner has been serving in District Bilaspur for the past about 9 years, that too at stations within distance of 15–18 kms. It has also been submitted by the respondents, and not disputed by learned counsel for the petitioner, that the petitioner’s transfer from Bharoli to Dokru on 01.05.2025 was also on the basis of a DO note. Given this, the petitioner being -4- herself beneficiary of a DO note cannot be heard to complain that respondent No.3 has been transferred to Dokru on the basis of a DO note, more so in view of the incumbency of respondent No.3 placed on record, which shows that for the past about 7 years he has been serving at GSSS Nand, District Solan. The impugned order transferring respondent No.3 from GSSS Nand, District Solan, to GHS Dokru, District Bilaspur, does not warrant any interference. Petitioner’s allegations of her having been transferred without letting her complete normal tenure is also falsified as the petitioner has also completed much more than her normal tenure, having remained posted within a distance of 18 kms in District Bilaspur w.e.f. the year 2016. In view of above the writ petition fails and is accordingly dismissed. Pending miscellaneous application(s), if any, stand disposed of. Jyotsna Rewal Dua 13th August, 2025 Judge (Pardeep)