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2025 DAILYLAW 17299 (HP)

HAST RAM v. THE STATE OF HP AND ANOTHER

CWP/9858/2025 · 2025-06-19

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.9858 of 2025 Date of decision: 19.06.2025 Hast Kumar. ...Petitioner. Versus State of H.P. & Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Onkar Jairath & Mr. Anshul Jairath, Advocates. For the respondents : Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge Notice. Mr. L.N. Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is serving as Lecturer (School-New) (Sociology). His grievance is to the office order dated 06.06.2025, whereunder he has been transferred from GSSS Dharwas, Tehsil Pangi, District Chamba to GSSS Bisha, District Solan against vacancy. The office order reflects of it having been issued on account of ‘rationalization due to zero enrolment in particular subject in the concerned institution’. -2- 3. Learned counsel for the petitioner submits that petitioner, though does not have any objection to his transfer from GSSS Dharwas, Tehsil Pangi, District Chamba, considering the fact as this was necessitated on account of rationalization due to no student in Sociology in +1 in the said school, however, the petitioner having rendered service in the hard and tribal area for the last about 22 years, was entitled to place of posting of his preference in accordance with Clause 16.1 of the applicable transfer policy. Learned counsel further submits that accordingly the petitioner has preferred a representation to respondent No.1 on 07.06.2025 (Annexure P-2) seeking his adjustment at any station of his choice, however, the aforesaid representation has not been decided till date. 4. Looking to the nature of the grievance raised in this writ petition, it would in the interest of justice to direct Competent Authority to consider and decide the aforesaid representation (Annexure P-2) of the petitioner in accordance with law and as per applicable policy within a period of one week from today. Ordered accordingly. The order so passed be also communicated to the petitioner. Till such time, the petitioner shall not be compelled to join at the transferred -3- station. It shall be open for the petitioner to avail leave of the kind due. The writ petition stands disposed of in the above terms. All pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 19th June, 2025 Judge (Pardeep)