2025:HHC:8551 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8112 of 2024 Decided on: April 01 , 2025 Sumitra Devi ...Petitioner Versus State of Himachal Pradesh & Ors. ...Respondents Coram: Ms. Justice Jyotsna Rewal Dua, Judge 1Whether approved for reporting? For the petitioner : Mr. Parkash Sharma, Advocate. For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General for respondents No. 1, 2 & 4/State. Mr. Rajesh Parkash, Advocate, for respondent No. 3. Jyotsna Rewal Dua, Judge Petitioner, a Panchayat Secretary, feels aggrieved against the order dated 07.08.2024 whereby she has been transferred from Gram Panchayat Dahar to Gram Panchayat Rast, District Sirmour, against vacant post. 2. Learned Counsel for the petitioner while assailing the transfer order contended that petitioner was posted as Panchayat 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2025:HHC:8551 2 Secretary at Gram Panchayat Dahar on 26.09.2022. There was no justification to order her transfer within a period of two years. Petitioner has not been allowed to complete her normal tenure at Gram Panchayat Dahar. It was also submitted that petitioner has been transferred under the impugned order to Gram Panchayat Rast, District Sirmour only on the basis of UO/DO note as mentioned in the writ petition. Pursuant to the interim order passed in this petition on 12.08.2024, petitioner is continuing to serve at Gram Panchayat Dahar, District Sirmour. 3. Respondents No 1 & 2 in their reply have not denied that petitioner was posted at Gram Panchayat Dahar w.e.f. 27.09.2022. Accordingly to the respondents, petitioner is an employee of Zila Parishad Cadre and concerned Chief Executive Officer thereof is the competent authority for effecting transfer of the petitioner. The petitioner was transferred from Dahar to Rast in Development Block Shillai, District Sirmour against a vacant post after prior approval so received in this regard from the competent authority. The respondents have not refuted petitioner’s allegation of her transfer having been effected on the basis of D.O. note. Petitioner’s contention of short stay at Gram Panchayat Dahar has also not been disputed on facts. 2025:HHC:8551 3 4. In view of above, this writ petition is allowed. Impugned order dated 07.08.2024 transferring the petitioner from Gram Panchayat Dahar to Gram Panchayat Rast is quashed and set aside. Respondents, however, are at liberty to take a fresh call in the matter of transfer of petitioner as per applicable policy and in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua, Judge April 01 , 2025 (PK)