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High Court of Himachal Pradesh · body

2025 DAILYLAW 18540 (HP)

DINESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/10310/2025 · 2025-06-27

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10310/2025 Decided on: 27.06.2025 Dinesh Kumar .…Petitioner Versus State of H.P. & Ors. ……Respondents Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjeev Kumar Suri, Advocate. For the respondent : Mr. L.N. Sharma, Additional Advocate General, for respondents No.1 & 2. Jyotsna Rewal Dua, J In view of the order being passed hereinafter, notice of this petition is not required to be issued to respondents No.3 & 4. Reply is also not required to be called from respondents No.1 & 2. 2. Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of respondents No.1 & 2. With the consent of learned counsel for the parties, the matter is heard at this stage. 3. Petitioner is serving as Trained Graduate Teacher (Arts) at Government High School Jandaur, District Kangra, H.P. Under 1 Whether reporters of the local papers may be allowed to see the judgment? 2 impugned office order dated 04.06.2025, he was transferred to Government Model Senior Secondary School Dand, District Chamba vice respondent No.4. Learned counsel for the petitioner contended that the impugned order was issued on the basis of a specific D.O. Note at the instance of respondent No.4. That the petitioner is otherwise facing certain adverse family circumstances. 4. To a query of the Court, learned counsel for the petitioner fairly admitted that the petitioner has completed his normal tenure at the present place. In fact, learned counsel also admitted that the petitioner had also been serving in and around his present place of posting for the past many years. That being so, petitioner’s transfer from Government High School Jandaur, District Kangra cannot be said to be suffering from any arbitrariness. Insofar as adverse family circumstances of the petitioner are concerned, suffice to observe that it is for the petitioner to represent to the competent authority in that regard and for the competent authority to decide such representation. Accordingly, without interfering with the impugned transfer order, this writ petition is disposed of with liberty to the petitioner to represent to the competent authority with further direction to the competent authority to decide such representation, if preferred, by the petitioner, expeditiously preferably within two weeks from the date of its receipt. The decision so arrived at, be also communicated to the petitioner. 3 The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any Jyotsna Rewal Dua Judge 27th June, 2025 (Rohit)