( 2025:HHC:21740 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9600 of 2025 Decided on: July 08 , 2025 Pradeep Chand ...Petitioner Versus State of Himachal Pradesh & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Mr. K.B. Khajuria, Advocate. For the respondents : Mr. Rajat Choudhary, Assistant Advocate General for respondents No. 1 & 2. Mr. Tanuj Thakur, Advocate, for respondent No. 3. Jyotsna Rewal Dua, Judge Petitioner is serving as Trained Graduate Teacher (Arts) in respondent – Education Department. He has taken exception to Office Order dated 02.06.2025 (Annexure P-1) whereby he was transferred from GMS Naghuien u/c GSSS Parihar (Chamba) to GMS Naled u/c GSSS Bhalie (Chamba). 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:21740 ) 2. The transfer order has been assailed on the ground that the same, as per petitioner, appears to have been issued on the premise that petitioner had himself requested for his transfer. This was so in view of the ‘remarks column’ of the aforesaid Office Order which did not entitle him to Transfer Travelling Allowance/Joining Time, whereas, petitioner had never made any request for his transfer. It was asserted that the impugned transfer order had been issued to give undue advantage to respondent No. 3 on the basis of extraneous considerations. On the basis of the aforesaid ground urged for the petitioner, operation of impugned order dated 02.06.2025 (Annexure P-1) was stayed vide order dated 11.06.2025 passed in this writ petition. 3. During hearing of the case on 03.07.2025, learned Deputy Advocate General placed on record instructions dated 02.07.2025 from the Director Elementary Education, relevant portion of which reads as under:- “In this regard, it is submitted that the petitioner has been transferred as per annexure P-1 as annexed with present petition. The service particulars of the petitioner are as under:- 3 ( 2025:HHC:21740 ) Petitioner [Pradeep Chand, TGT (Arts)] Sr. No. Date since working in present school Previous place of postings as TGT Period Distance approximately 1. 19.11.2020 GHS, Granger u/c GSSS, Bathri (Chamba) 18.07.2018 to 19.11.2020 2. GMS, Naghuien u/c GSSS, Parihar (Chamba) 19.11.2020 to date 07 KMs. 3. Undertransfer to GMS, Nared u/c GSSS, Bhalie (Chamba). 45 KMs. That it is further submitted that the present petitioner had completed his normal tenure at his present place of posting and the petitioner is serving within radius of 07 KMs since 2018. It is further submitted that the petitioner can represent for granting TTA to the competent authority.” 4. The incumbency position of the petitioner indicated in the office instructions reflects that ever since his promotion as a Trained Graduate Teacher, petitioner has served only in District Chamba though as a Trained Graduate Teacher he belongs to the State cadre. Further, petitioner is serving within a radius of 07 KMs since 2018. Petitioner, therefore, is liable to be transferred having completed much more than his normal tenure even at the present place of posting i.e. GMS Naghuien. Under the impugned order, 4 ( 2025:HHC:21740 ) petitioner has been transferred to a place which is at a distance of 45 KMs from his present place of posting. In terms office instructions, petitioner has not been transferred on the basis of mutual consent as is presumed by him rather the impugned order is a normal transfer of the petitioner taking into consideration his incumbency position. Insofar as petitioner’s grievance of having not been allowed Transfer Travelling Allowance/Joining Time is concerned, the same can be taken care of by directing respondent No. 2 to give due & admissible Transfer Travelling Allowance/Joining time to the petitioner. Ordered accordingly. For the foregoing reasons, this writ petition is dismissed. Interim order dated 11.06.2025 is vacated. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua, Judge July 08 , 2025 (PK)