IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9724/2025 Decided on: 07.07.2025 Raj Kumar …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Neel Kamal Sharma, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondent No.1. Mr. Rahul Thakur, Advocate, for respondents No.2 & 3. Ms. Shivani Tegta, Advocate, for respondent No.4. Jyotsna Rewal Dua , J Petitioner is serving as Junior Technical Officer in the respondent-Corporation. His grievance is to the office order dated 09.06.2025 (Annexure P-4) that transfers him from Sarkaghat Unit to Keylong Unit. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. Heard learned counsel for the parties and considered the case record as well as instructions dated 03.07.2025 and 04.07.2025 placed on record. 3. One Sh. Rajesh Kumar was serving as Junior Technical Officer at Keylong a hard/tribal area from 2021. On completion of his requisite tenure at the said hard/tribal area, said Sh. Rajesh Kumar made a request to the respondent-Corporation for his transfer from Keylong Unit to Divisional Workshop Mandi-station of his preference, in accordance with transfer policy. The request of Sh. Rajesh Kumar was accepted by the respondent-Corporation and an office order was accordingly issued on 22.04.2025 (Annexure P-3) transferring Sh. Rajesh Kumar from Keylong Unit to Workshop Mandi. As a consequence, thereof, respondent No.4-Sh. Ankit Soni was transferred from Divisional Workshop Mandi to Keylong Unit. Respondent No.4 did not join at the transferred station i.e. Keylong Unit. In terms of instructions dated 04.07.2025 placed on record by learned counsel for respondent no.3, respondent No.4 obtained a UO Note dated 06.05.2025 from the office of the Hon’ble Chief Minister of Himachal Pradesh and on the basis of said UO Note, the respondent- Corporation issued an office order on 09.06.2025 (impugned herein). This order modified the previous office order dated 22.04.2025. As per impugned office order dated 09.06.2025, respondent No.4 was adjusted at Bilaspur Unit and in his place, petitioner was sent as 3 substitute of Sh. Rajesh Kumar at Keylong Unit. The petitioner is though stated to have been relieved from Sarkaghat Unit, where he was posted prior to the issuance of impugned office order dated 09.06.2025, however, he has not yet joined at Keylong Unit. Sh. Rajest Kumar and Sh. Ankit Soni, are stated to have joined at Divisional Workshop Mandi and Bilaspur unit, respectively. 4. Learned counsel for respondent No.4 submitted that the said respondent was facing some adverse family circumstances, regarding which, he made a representation that resulted in issuance of UO Note dated 06.05.2025. Be that as it may. 5. The facts that have come on record clearly indicate that the impugned office order dated 09.06.2025 is a consequence of UO note issued at the instance of respondent No.4 that too without any independent application of mind by the employer. In case, respondent No.4 has some difficulties for his transfer to Keylong Unit, it is for him to point out the same to the employer, who has to apply independent and impartial mind to the grievance. Issuing of transfer order mechanically on the basis of DO/UO Note cannot be countenanced. Accordingly, the impugned office order dated 09.06.2025, is quashed and set aside insofar as petitioner’s transfer to Keylong Unit is concerned or in another words, the petitioner shall be permitted to serve at Sarkaghat Unit i.e. the place, where he was posted prior to the issuance of the aforesaid impugned transfer order. 4 Without interfering with transfer of Sh. Rajesh Kumar, from Keylong to Divisional Workshop Mandi under office order dated 22.04.2025, the respondents/Competent authority shall be at liberty to consider the case of transfer of respondent No.4 to Keylong Unit afresh, in accordance with law. The writ petition is disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 7th July, 2025(rohit)