Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.11458 of 2025
Decided on: 17.07. 2025 _________________________________________________________________ Dinesh Kumar
....Petitioner
Versus State of H.P. & Ors
…Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vinod Kumar Soni, Advocate.
For the respondents: Mr. L.N.Sharma, Additional Advocate General, for respondents No.1 to 3. ______________________________________________________________
Jyotsna Rewal Dua, Judge
Notice confined to respondents No.1 to 3, which is accepted by Mr. L.N.Sharma, Additional Advocate General. In view of the nature of the order being passed hereinafter and joint submissions made by learned counsel on both sides, neither notice is required to be issued to respondent No.4 nor reply is required to be called from respondents No. 1 to 3.
With the consent of learned counsel for parties, matter is heard at this stage.
1 Whether reporters of Local Papers may be allowed to see the judgment? yes
- 2 -
2.
CWP No. 8105 of 2025 was instituted by respondent No.4 seeking his adjustment. Pursuant to the directions issued in the said writ petition on 18.06.2025, respondent No.2 passed office order dated 15.07.2025 (Annexure P-1) adjusting respondent No.4 at petitioner’s place of posting i.e. in the office of SDO (C) Salooni, District Chamba, H.P. Consequently, petitioner, who was serving as Kanungo, was transferred to the office of SDO (C) Pangi, District Chamba.
3.
Petitioner has taken exception to office order dated 15.07.2025 on the ground that he has been transferred to a hard and tribal area, whereas he has already served at Patwar Circle Tarela, Tehsil Churah, District Chamba, w.e.f. June 2011 to June 2018, which falls under hard and tribal area. Petitioner, therefore, has raised a grievance that he could not be transferred to hard and tribal area under the impugned order as he has already served more than the prescribed tenure in hard and tribal area.
Learned counsel for the petitioner admitted that
- 3 - petitioner has completed his normal tenure at the present place of posting at Salooni and is liable to be transferred from there.
4.
Looking to the grounds urged in this writ petition for assailing the impugned transfer order, this writ petition is
disposed of without interfering with the transfer of respondent No.4 under office order dated 15.07.2025 at Salooni, District Chamba but with liberty reserved to the petitioner to represent to respondent No.2 against his transfer to the office of SDO (C), Pangi, District Chamba. In case such representation, seeking suitable adjustment, is made by the petitioner within four days, the same shall be considered and decided by the respondent/competent authority in accordance with law and applicable transfer policy, within a period of one week thereafter. The order so passed, be communicated to the petitioner.
Till such time, petitioner shall not be compelled to join at the transferred station under office order dated
15.07.2025. It is made clear, that in case no such representation is filed within the timeline indicated above, interim protection granted to the petitioner shall
- 4 - automatically stand vacated.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
Judge July 17, 2025 R.Atal