( 2025:HHC:8132 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7784 of 2024 Decided on: March 28 , 2025 Vijay Kumar ...Petitioner Versus State of Himachal Pradesh & Anr. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Mr. Vinod Thakur, Advocate. For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Petitioner is currently serving as Lecturer (Computer Science) in the respondent-Education Department. His grievance is to the Office Order dated 31.07.2024 that transferred him from GSSS Kuthera, District Hamirpur, to GSSS Charna, District Sirmour. 2. Learned Counsel for the petitioner contends that:- (i) Petitioner has been transferred within a short span of one year & 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:8132 ) 2 four months and has not been able to complete his normal tenure at the present place of posting; (ii) The impugned order has been issued only on the basis of a D.O. note as mentioned in the writ petition; and (iii) The transfer has been ordered during ban imposed on general transfers. Pursuant to the interim order passed in this petition on 05.08.2024, petitioner is continuing to serve at GSSS Kuthera, District Hamirpur. 3. The respondents in their reply have not denied petitioner’s allegation of the impugned order having been issued on the basis of D.O. note. Respondents in their reply have given following incumbency of the petitioner:- Sr. No. Place of Posting Period 1 GSSS Bajrol (HMR) 5.12.2014 to 17.10.2018 2 GSSS Balduhak (HMR) 17.10.2018 to 18.03.2021 3 GSSS Karot (HMR) 18.03.2021 to 31.03.2023 4 GSSS Kuthera (HMR) 31.03.2023 till date. 4. Admittedly, the petitioner belongs to State cadre but has remained posted for most of his service tenure only in District Hamirpur. Vide order dated 22.03.2025 passed in this writ petition, learned Deputy Advocate General was directed to place on record the information regarding distances between the stations where the ( 2025:HHC:8132 ) 3 petitioner had remained posted till date. Pursuant thereto, learned Assistant Advocate General has placed on record following information:- Sr. No. Name of School Period for which served Distance from previous station (approximately) 1. GSSS Gondpur (Una) 20/08/2018 to 28/09/2018 103 km. 2. GSSS Balduhak (Hmr) 17/10/2018 to 18/03/2021 102 km. 3. GSSS Karot (Hmr) 18/03/2021 to 31/03/2023 14 km. 4. GSSS Kuthera (Hmr) 31/03/2023 till date 15 km. Petitioner’s incumbency position and distance between stations where he served, as placed on record by the respondents, clearly makes out that petitioner has been serving within a radius of 15 kilometers in District Hamirpur w.e.f. 17.10.2018 till date. As such, he has completed more than six years as on date within a radius of 15 kilometers and, therefore, petitioner’s contention that he has not been allowed to complete normal tenure at one place cannot be accepted. He is liable to be transferred from his present place of posting. However, at the same time it also cannot be ignored that his present transfer to GSSS Charna, District Sirmour is on the basis of D.O. note, therefore, this writ petition is disposed of with direction to respondent No. 2 to take a fresh call in the matter of transfer of petitioner and issue appropriate orders in that regard in ( 2025:HHC:8132 ) 4 accordance with law as per applicable transfer policy within two weeks. Till such period, petitioner shall be allowed to remain at the station Petition stands disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua, Judge March 28 , 2025 (PK)