IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10424/2025 Decided on: 14.08.2025 Rekha Devi …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Ms. Archna Dutt, Advocate. For the respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No.1 to 3. Mr. Naresh K. Sharma, Advocate, for respondent No.4. Jyotsna Rewal Dua , J Petitioner and respondent No.4 are serving as Trained Graduate Teachers and belong to State cadre. Feeling aggrieved against office order dated 25.06.2025, whereby petitioner was transferred from Government Senior Secondary School Loharli, District Hamirpur to Government Senior Secondary School Baghal, District Shimla, she has instituted this writ petition. Impugned transfer was ordered vice respondent No.4. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2. Petitioner assailed the above order on the grounds that she had been posted at Government Senior Secondary School Loharli, District Hamirpur on 05.05.2025. She had just completed about two months at the present place, when the impugned order was issued. Petitioner has not been allowed to complete normal tenure at the present place. It was also urged that respondent No.4 had originally been transferred to Government Senior Secondary School Bagal, District Shimla. She did not join at the transferred station and obtained D.O. Note on the basis of which, impugned order was issued transferring the petitioner to Government Senior Secondary School Bagal and accommodating respondent No.4 at petitioner’s place at Loharli. Considering the grounds urged for the petitioner, operation of impugned order was stayed on 30.06.2025. 3. Respondent No.4 in her reply has levelled counter allegations against the petitioner being beneficiary of D.O. Note for securing her posting (petitioner’s transfer) at Government Senior Secondary School Loharli, District Hamirpur on 05.05.2025. 4. Respondents-State have though not filed reply to the writ petition but placed on record office instructions dated 19.07.2025 (page 23 of the paper book) and July, 2025 (page 49 of the paper book). The incumbency positions of the petitioner and respondent No.4 depicted therein are as under: - 3 Particulars Reenu Pathania TGT (Med) (respondent No.4) Rekha, TGT (Med) (petitioner) Previous place of posting GHS Gunah 31- 08-2010 to 14-08- 2014 GHS Bambloo 14-08- 2014 to 23-06- 2017 GSSS Giara Gran 23-06-2017 to 09- 07-2020, GSSS Dandroo 09-07-2020 to 10- 08-2022, GSSS Jaure Amb 10-08-2022= 7 Km and under transfer to GSSS Baghal Distt. (Sml.) on May 2025 GSSS, Raili Jajri (Hmr.) 02-03-19 to 18-01-2022, 6 Km. to GHS Chakmoh 18-01- 2022 to 05-05-2025 Completed her normal term of service transferred to GSSS Loharli Distt. (Hmr.) 05-05-2025 to 25- 06-2025 distance is 10 Km. Transferred to Baghal on May, 2025 Respondents have further conveyed that the petitioner has completed more than normal tenure within radius of 20 kms. That distance between Government High School Chakmoh, where the petitioner was posted w.e.f. 18.01.2022 to 05.05.2025 and Government Senior Secondary School Loharli, District Hamirpur, where the petitioner was transferred on 05.05.2025, is just about 10 kms. In view of allegations levelled by respondent No.4 of petitioner being beneficiary of D.O. Note in securing her transfer under order dated 05.05.2025 to Government Senior Secondary School Loharli, District Hamirpur, learned Additional Advocate General was directed to produce the record. Record has been produced in the post lunch session. Perusal of the record reveals that 4 the petitioner is beneficiary of D.O. Note, which led to her transfer on 05.05.2025 to Government Senior Secondary School Loharli, District Hamirpur. Similarly, respondent No.4 is also beneficiary of D.O. Note, pursuant to which, her transfer was ordered to Government Senior Secondary School Loharli, District Hamirpur vice the petitioner on 25.06.2025. In view of above, impugned order dated 25.06.2025 (Annexure P-3) ordering vice-versa transfer of the petitioner and respondent No.4 as also office order dated 05.05.2025 (Annexure P- 1) to the extent it posts the petitioner at Government Senior Secondary School Loharli, are quashed and set aside. Respondent No.2 is directed to consider the respective cases of transfer of the petitioner and respondent No.4 afresh, after applying independent mind, in accordance with law and applicable transfer policy within two weeks. The order so passed be also communicated to the petitioner and respondent No.4. Till such time, the parties are allowed to continue at the places, where they are presently posted. The writ petition is disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 14th August, 2025(rohit)