IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9493 of 2025 Date of Decision: 01.08.2025 _______________________________________________________ Sushma Devi …….Petitioner Versus State of Himachal Pradesh & Others ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Sanjeev Bhushan, Sr. Advocate, with Mr. Sparsh Bhushan, Advocate. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as TGT (Medical) at Government Senior Secondary School, Upper Lambagaon, District Kangra, is aggrieved of order dated 02.06.2025 (Annexure P-1), whereby she has been transferred from afore School to Government High School, Uttrapur, District Kangra, vice Ms. Minakshi, i.e. private-respondent No.3. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Sanjeev Bhushan, learned Senior Counsel representing the petitioner is that impugned transfer order of the petitioner is in violation of the Transfer 1Whether the reporters of the local papers may be allowed to see the judgment? 2 Policy as well as law laid down by this Court, because petitioner has been transferred on the basis of D.O. note issued by some extra- constitutional authority, that too, with a view to adjust private- respondent, who prior to her transfer to Government Senior Secondary School, Upper Lambagaon, District Kangra, has been working within the radius of 30 kilometers for so many years. Mr. Bhushan, learned Senior Counsel representing the petitioner, states that though petitioner is not averse to her joining at the transferred station, which is otherwise at a distance of 12 kilometers from the present place of posting, but her grouse is that private-respondent has purposely got her transferred in place of petitioner for the reason that Government High School, Uttrapur, District Kangra, has been ordered to be merged with GMSSS, Jaisinghpur, vide order dated 26.04.2025 passed by Director, School Education, Himachal Pradesh. Mr. Bhushan, learned Senior Counsel representing the petitioner, states that since after merger of School, some of the Teachers may be declared surplus, private-respondent got herself adjusted in place of petitioner, that too, on the basis of D.O. note. 3. Pursuant to notices issued in the instant proceedings, Mr. Rajan Kahol, learned Additional Advocate General, has placed on record instructions dated 09.07.2025, issued under the signatures of Director, School Education, Himachal Pradesh, wherein it has been 3 stated that petitioner has completed normal tenure of posting at present place of posting and even distance of transferred station from the present place of posting is 12 kilometers. Mr. Kahol states that though in terms of order dated 26.04.2025 (Annexure P-2), decision has been taken to merge Government High School, Uttrapur, District Kangra with GMSSS, Jaisinghpur, but it is premature to state at the behest of petitioner that on account of merger, she may be declared surplus, especially when it is not in dispute that at present, Government High School, Uttrapur, District Kangra, is still continuing. 4. Having taken note of the fact that petitioner has already completed normal tenure of posting at present place of posting, this Court sees no reason to take note of issue raised by the petitioner with regard to issuance of D.O. note, thereby recommending the transfer of the petitioner from present place of posting School to Government High School, Uttrapur, District Kangra, but having taken note of communication dated 26.04.2025 (Annexure P-2), placed on record by the petitioner, whereby decision has been taken to merge the afore School with GMSSS, Jaisinghpur, coupled with the fact that private-respondent prior to issuance of communication dated 26.04.2025 was working at Government High School, Uttrapur, District Kangra, this Court has reason to presume and believe that private-respondent with a view to avoid her being declared surplus in 4 the event of merger of School, got herself adjusted in the place of petitioner. Moreover, this Court finds that prior to posting of the private-respondent in place of the petitioner, she was also working within the radius of 30 kilometers in District Kangra. 5. Though having taken note of the fact that petitioner has been transferred at a distance of 12 kilometers from the present place of posting, this Court sees no reason to interfere with the impugned transfer order, but while disposing of the petition, in order to balance equities, deems it fit to order that in the event of petitioner being declared surplus, if any, on account of merger of the Government High School, Uttrapur, District Kangra with GMSSS, Jaisinghpur, she shall be given posting at nearby station. Ordered accordingly. Pending applications, if any, also stand disposed of. p` (Sandeep Sharma), Judge August 01, 2025 (Rajeev Raturi)