IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.10030 of 2025 Decided on: 10th July, 2025 ------------------------------------------------------------------------------------- Dharam Chand …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Anil Jaswal, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 4. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Gist of the case of the petitioner against the impugned transfer order was noticed as under in the order passed on 23.06.2025, whereby interim relief was also granted in his favour:- “Notice at this stage confined to respondents No.1 to 4, which is waived by Mr. L.N. Sharma, learned Additional Advocate General. 2. Petitioner is serving as Lecturer (School New) (Economics) at GSSS Katrain, District Kullu. His grievance is to the office order dated 04.06.2025 (Annexure P-1) that transfers him to GSSS Hallan, District Sirmour. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. Petitioner’s main grouse is that he has been ordered to be transferred to a specific place only on the basis of recommendations of respondent No.5, which are available at Annexure P-6. In terms of these recommendations made by respondent No.5, several employees including the petitioner have been ordered to be transferred. The recommendations in case of the petitioner are that ‘he be transferred from GMSSS Katrain, Distt. Kullu to Distt. Sirmour on administrative grounds against vacant post’. 4. Learned counsel for the petitioner submits that the petitioner has not been relieved from his present place of posting. He is still continuing at the same place and none else has been transferred in his place. 5. Prima facie, it appears that only on the basis of recommendations made by respondent No.5, the petitioner has been transferred to GSSS Hallan, District Sirmour. Hence, there shall be stay of the impugned office order dated 04.06.2025 (Annexure P-1) till the next date of hearing. Reply/instructions be filed/obtained by the appearing respondents within two weeks. List on 10.07.2025.” 2. Learned Deputy Advocate General has placed on record office instructions dated 09.07.2025 from the Director of School Education, Himachal Pradesh, which gives the incumbency position of the petitioner as under:- Sr. No. Place of Posting Period 1 GSSS Haripur (KLU) 09.09.2002 to 07.08.2009 2 GSSS Katrain (KLU) 07.08.2009 to 26.08.2013 3 GSSS Manali (KLU) 26.08.2013 to 22.03.2021 4 GSSS Naggar (KLU) 22.03.2021 to 07.09.2022 5 GSSS Katrain (KLU) 08.09.2022 to continue 3. The respondents have not denied transferring the petitioner from District Kullu to District Sirmour on the basis of recommendations of respondent No.5. Even though 3 as per the office instructions placed on record by the respondents, the petitioner has served in District Kullu w.e.f. the year 2002 till date, therefore, he is liable to be transferred outside District Kullu, yet taking note of the fact that his present transfer to District Sirmour is only on the basis of recommendations made by respondent No.5, this writ petition is disposed of by quashing the impugned office order dated 04.06.2025 (Annexure P-1), but granting liberty to the respondents/competent authority to consider the case of the petitioner for transfer afresh in accordance with law after independent application of mind. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 10, 2025 Judge Mukesh