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2025 DAILYLAW 17424 (HP)

CHITTER SINGH v. THE STATE OF HP AND OTHERS

CWP/9828/2025 · 2025-06-21

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9828 of 2025 Decided on: 21st June, 2025 ------------------------------------------------------------------------------------- Chittar Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Ms. Kiran Dhiman, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order was passed in this matter on 19.06.2025, which gives the gist of the case of the petitioner and whereby operation of the impugned order was also stayed:- “Notice. Mr. Y.P.S. Dhaulta, Additional Advocate General, appears and waives service of notice on behalf of the respondents. Petitioner is serving as Junior Basic Teacher at GPS Kelti, Education Block Bagsaid. His grievance pertains to office order dated 04.06.2025, transferring him to GPS Karari Paplog, Education Block Dharampur-I. Learned counsel for the petitioner, while admitting that the petitioner has been posted at the present place since 2018, submits that the impugned transfer has been ordered on the basis of D.O. Note 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 No.190870 dated 16.05.2025. It is also submitted that no one else has been posted in place of the petitioner and he is still continuing to discharge his duties at his present place of posting. Let the respondents file a reply/instructions within two days, with specific reference to the petitioner’s contention as to whether the impugned transfer has been ordered only on the basis of a D.O. Note. List on 21.06.2025. Till then, the operation of the impugned order dated 04.06.2025 shall remain stayed qua the petitioner.” 2. Learned Additional Advocate General, on the basis of instructions imparted to him, submits that the impugned transfer order of the petitioner dated 04.06.2025 was issued on the basis of D.O. Note as mentioned by the petitioner. 3. Since the petitioner has been transferred from GPS Kelti, Education Block Bagsaid to GPS Karari Paplog, Education Block Dharampur-I only on the basis of D.O. note without application of any independent mind by the competent authority, therefore, the impugned transfer order dated 04.06.2025 (Annexure P-1) is quashed and set aside qua the petitioner. However, considering the fact that the petitioner has remained posted at the present place, i.e. GPS Kelti, Education Block Bagsaid ever since the year 2018, it shall be open for the respondents to transfer the petitioner in accordance with law as per the applicable transfer policy. 3 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua June 21, 2025 Judge Mukesh