Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 10907 of 2025 Date of Decision: 16.09.2025 _______________________________________________________ Devinder Singh …….Petitioner Versus YSPUHP & Ors.
….Respondents _______________________________________________________
Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Jagat Paul, Advocate. For the Respondents: Ms. Vandna Mishra, Advocate. ____________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Field Assistant at Regional Horticultural Research & Training Station Dhaulakuan, District Sirmour, Himachal Pradesh, is aggrieved of
order dated 31.05.2025 (Annexure P-1), whereby he has been transferred from afore station to Directorate of Research, UHF, Nauni, Solan.
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Jagat Paul,
learned counsel representing the petitioner is that since the petitioner has only 44 days left to retire from his service; hence, he could not have been transferred to a far flung area. 1Whether the reporters of the local papers may be allowed to see the judgment? 2
3. Ms. Vandna Misra, learned counsel representing the respondent/University, while referring to the reply filed by the respondents states that petitioner has been working as Field Assistant at Regional Horticultural Research & Training Station Dhaulakuan, District Sirmour, Himachal Pradesh for quite long and as such, no illegality can be said to have been committed by the respondents, while passing impugned transfer order, whereby he has been transferred from the present place of posting to Directorate of Research, UHF, Nauni, Solan. She further states that though, as per instructions imparted to her Transfer Policy formulated by the Government of Himachal Pradesh, wherein a provision has been made that an employee nearing retirement, shall be accommodated at a convenient station, has been not adopted by respondent/University but taking note of the fact that petitioner is due to retire within 44 days from his service, respondents are ready and willing to withdraw order dated 31.05.2025 (Anneuxre P-1), inasmuch as petitioner has been transferred from Regional Horticultural Research & Training Station Dhaulakuan, District Sirmour, Himachal Pradesh to Directorate of Research, UHF, Nauni, Solan but in that situation petitioner may be warned to be careful while dealing with the Seniors because transfer has been effected on the ground of insubordination and indiscipline being created by him. 3
4. Mr. Jagat Paul, learned counsel representing the petitioner, while refuting aforesaid submission of learned counsel representing the respondent/University states that though petitioner has never indulged in insubordination but yet he undertakes to not indulge in any illegal activities during his remaining tenure of 44 days of service in University. 5. Consequently, in view of above, order dated 31.05.2025 (Annexure P-1) is quashed, inasmuch as petitioner herein has been transferred from Regional Horticultural Research & Training Station Dhaulakuan, District Sirmour, Himachal Pradesh to Directorate of Research, UHF, Nauni, Solan, however, it is made clear that in case, petitioner indulges in any act of insubordination or indiscipline respondent/University would be at liberty to take appropriate action in accordance with law against him. The present petition is disposed of in aforesaid terms. Pending applications, if any, stand disposed of.
(Sandeep Sharma), Judge September 16, 2025 (Shamsh Tabrez)