Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.9873 of 2025 Date of Decision:19.06.2025 _______________________________________________________ Diwan Chand
…….Petitioner
Versus
State of Himachal Pradesh & others … Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1
For the Petitioner: Mr. Romesh Verma, Senior Advocate with
Mr. Sumit Sharma, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Additional Advocate General and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State. ____________________________________________________ Sandeep Sharma, Judge(oral):
Petitioner herein, who at present is working as Language Teacher in Government Senior Secondary School Chhota Shimla, District Shimla, Himachal Pradesh, is aggrieved of transfer order dated 19.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Government Senior Secondary School, Kanda Banah, District Shimla, Himachal Pradesh.
2.
Though, it has been fairly admitted on behalf of the petitioner that he has completed normal tenure of posting at present place of posting, but challenge has been laid to impugned transfer
order on account of illness of his wife, it may not be possible for him
1Whether the reporters of the local papers may be allowed to see the judgment?
2
to join at transferred station. Though, before filing petition at hand, petitioner filed representation to the competent authority, praying therein for cancellation of transfer order/adjustment at a convenient station, but since needful was not done, he approached this Court in the instant proceedings.
3.
Careful perusal of documents adduced on record suggest that taking note of representation filed by the petitioner, Hon’ble Education Minister, directed the quarter concerned to adjust the petitioner either at Government Senior Secondary School Patgehar Shimla or Government Senior Secondary School Tutikandi, District Shimla, Himachal Pradesh(Annexure P-4), but fact remains that till date, nothing has been done.
4.
Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Learned Deputy Advocate General states that since petitioner has already completed normal tenure of posting at present place of posting, no illegality can be said to have been committed by the respondents, while passing impugned transfer order.
5.
Though, having taken note of the fact that petitioner has already completed normal tenure of posting at present place of
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posting, there appears to be no justification for this Court to interfere with the impugned transfer order, however having taken note of U.O. note dated 20.05.2025(Annexure P-4), whereby Hon’ble Education Minister taking note representation filed by the petitioner,
directed/ordered for adjustment of the petitioner at Government Senior Secondary School Patgehar Shimla or Government Senior Secondary School Tutikandi, District Shimla, Himachal Pradesh, this Court deems it fit to dispose of present petition with a direction to respondents to take final decision upon the recommendation made by Hon’ble Education Minister (Annexure P-4) sympathetically expeditiously, preferably within a period of one week. Till the time, decision in terms of instant order is not taken, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. p
(Sandeep Sharma),
Judge June 19,2025 (shankar)