2025:HHC:21029 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.9522 of 2025 Decided on: 3rd July, 2025 _________________________________________________________________ Hem Raj Sharma ...Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Onkar Jairath, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General, for respondents No.1 and 2. Mr. Balwant Singh Thakur, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner and respondent No.3 are working as DPE in the respondent-Education Department. Petitioner’s grievance is to the office order dated 03.06.2025 (Annexure P-2), whereby, he was transferred from GSSS Rissa, District Mandi to GSSS Siagaloo, District Mandi, vice respondent No.3, who was brought in place of the petitioner from GSSS Siagloo. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes 2025:HHC:21029 - 2 - 2. Transfer was assailed by the petitioner primarily on the grounds that:- Petitioner was posted at GSSS Rissa Mandi, only on 30.07.2024; One Sh. Santosh Kumar was working as DPE at GSSS Rissa and petitioner was working as DPE at GSSS Thona, both in District Mandi; Petitioner and Sh. Santosh Kumar made a request for their mutual transfers. The said request was accepted and vide office order dated 27.06.2024, petitioner was transferred from GSSS Thona to GSSS Rissa and consequently, Sh. Santosh Kumar was transferred from GSSS Rissa to GSSS Thona. Petitioner accordingly joined at GSSS Rissa on 30.07.2024. He has completed just about eleven months at GSSS Rissa when impugned order was issued on 03.06.2025, transferring him further from GSSS Rissa to GSSS Siagloo, vice respondent No.3. Based upon above grounds, following order was passed in the matter on 06.06.2025 granting interim relief to the petitioner: - “Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of respondents No.1 and 2. Notice be issued to respondent No.3, returnable for 30.06.2025. In addition to ordinary service, as prayed for, the petitioner shall also be at liberty 2025:HHC:21029 - 3 - to serve respondent No.3 by way of dasti. Steps for service be taken during the course of the day. 2. Petitioner is aggrieved against office order dated 03.06.2025 (Annexure P-2), whereunder he has been transferred from GSSS Rissa, District Mandi to GSSS Saigaloo, District Mandi vice respondent No.3. 3. Learned counsel for the petitioner submits that the petitioner had been brought to Rissa, District Mandi under office order dated 30.07.2024 (Annexure P-1). The aforesaid office order was issued by way of acceptance of mutual transfer request made by the petitioner and one Sh. Santosh Kumar. Having accepted the request for transfer on mutual basis and on that basis having transferred the petitioner to GSSS Rissa on 30.07.2024, respondents cannot now dislodge him after nine months of tenure at Rissa. Petitioner is entitled to complete his normal tenure. It was also submitted that the impugned transfer has been effected on the basis of a D.O. note issued at the instance of respondent No.3. Learned counsel further submits that neither respondent No.3 has joined at the place of the petitioner nor the petitioner has been relieved from his present place of posting. 4. In view of above, the impugned office order dated 03.06.2025 (Annexure P-2) shall remain stayed till the next date of hearing. Reply by the appearing respondents be filed in the meanwhile. List on 30.06.2025.” 3. On 30.06.2025, learned Deputy Advocate General placed on record instructions dated 30.06.2025, in terms of which, petitioner had also requested for his transfer from 2025:HHC:21029 - 4 - GSSS Rissa to GSSS Thona, District Mandi vice Sh. Santosh Kumar, DPE, on mutual basis. The said office instructions read as under: - “ In this case it is submitted that Sh. Hem Raj Sharma, DPE was transferred by clubbing his previous stay within the radius of 30 Km from GSSS Rissa (MND) to GSSS Saigaloo (MND) vice Sh. Chandervir DPE and vice versa on dated 03.06.2025, with the prior approval of competent authority. The previous stations of Sh. Hem Raj, DPE 1. GSSS Thona (MND) w.e.f 01.10.2008 as PTA & his services were regularized on the same school on 27.06.2024 2. GSSS Rissa (MND) w.e.f .03.08.2024 to till date (Distance approx 10 Km) However, petitioner was himself apply for his transfer from GSSS Rissa (MND) to his previous station i.e. Thona (MND) vice Sh. Santosh Kumar, DPE on mutual basis, but it was not implemented due to his very very short stay of both. (Copy enclosed) Hence requested to apprise the Hon'ble Court accordingly please.” Since learned counsel for the petitioner disputed the factual assertions made in the office instructions, respondent-State was directed to produce the record for today. 4. The record has been produced by the learned Deputy Advocate General. From the record, it comes out that 2025:HHC:21029 - 5 - respondent No.3 was transferred to the place of the petitioner vide impugned order dated 03.06.2025 on the basis of a U.O. note. When confronted with the above fact, learned counsel for respondent No.3 apprised that the said respondent had completed four years at GSSS Siagloo, therefore, he was liable to be transferred, but was not being transferred. He was facing adverse family circumstances and, therefore, made request to the competent authority for transferring him on completion of his normal tenure at GSSS Siagloo to GSSS Rissa. His request was accordingly approved and he was transferred to GSSS Rissa under the impugned order. The record also shows that petitioner made a request to the competent authority for transferring him from GSSS Rissa to GSSS Thona vice Sh. Santosh Kumar on mutual basis. Similar request was also made by Sh. Santosh Kumar for his transfer from GSSS Thona to GSSS Rissa vice petitioner on mutual basis. Based upon consent letters furnished by the petitioner and Sh. Santosh Kumar for their vice-versa transfer, U.O. note was issued on 16/22.04.2025. 2025:HHC:21029 - 6 - However, the employer/Competent Authority applied its independent mind to the request made by the petitioner and Sh. Santosh Kumar for their vice-versa transfers as also to the UO note issued on the basis of their aforesaid consents, but declined to transfer them vice –versa, instead, petitioner was transferred from GSSS Rissa to GSSS Siagloo under the impugned order. In my considered view no case for interference with the impugned order is called for. Admittedly, petitioner is serving at GSSS Thona w.e.f. 01.10.2008. He was transferred to GSSS Rissa on the basis of mutual request of transfer made by the petitioner and one Sh. Santosh Kumar. It is not in dispute that the distance between GSSS Thona and GSSS Rissa is just about 10 K.Ms. The petitioner has been serving within a distance of 10 K.Ms. w.e.f. 2008. Under the impugned order, he has been transferred to GSSS Siagloo, which is stated to be at a distance of 50 K.Ms. from GSSS Rissa. As noticed in para-2, the petitioner had again requested and procured a U.O. note for his transfer back to Thona vice Sh. Santosh Kumar. Though it is another matter that respondents did not act upon the dotted lines of the UO 2025:HHC:21029 - 7 - note and transferred the petitioner to Siagloo, therefore, the impugned order cannot be said to be suffering from any illegality, more particularly, keeping in view the long stay of the petitioner within a distance of 10 K.Ms. 5. At this stage, learned counsel for the petitioner submitted that petitioner’s father is seriously ill and is on the death bed, therefore, it will be difficult for the petitioner to join at the transferred station i.e. GSSS Siagloo, which is at a distance of 50 K.Ms from his native place. Learned counsel further submittd that the petitioner would be content in case he is permitted to make a representation to respondent No.2/Competent Authority and the said authority is directed to decide the same within a time bound schedule. Learned Deputy Advocate General is not averse to this prayer. In view of above, without interfering with the impugned order in respect of transfer of respondent No.3 to GSSS Rissa, District Mandi, this writ petition is disposed of with liberty to the petitioner to make a representation within five days to respondent No.2/Competent Authority for his suitable adjustment, thereafter, the same shall be considered 2025:HHC:21029 - 8 - and decided by the competent in accordance with law and applicable transfer policy, within a period of one week. Till such time, petitioner shall not be compelled to join at the transferred station. The petitioner shall be at liberty to take leave of the kind due. It is made clear that in case petitioner does not represent within the aforesaid period, the protection granted to him under this order shall automatically stand vacated. It goes without saying that respondent No.3 shall be permitted to join at GSSS Rissa, District Mandi. H.P. forthwith. The writ petition stands disposed of in the above terms, so also pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge July 3, 2025 R.Atal