IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.12050 of 2025 Decided on: 18.09. 2025 _________________________________________________________________ Suresh 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 Thakur, Advocate. For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General, for respondent No.1 and 2. Mr. Tarun K Sharma, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner and respondent No.3 are serving as Lecturers (Chemistry) in the respondent-Education Department. Petitioner’s grievance is to the office order dated 25.06.2025 (Annexure P-5), whereby, he was transferred from GSSS Tauni Devi, District Hamirpur to GSSS Saleti, District Kangra, H.P. 2. Heard learned counsel for the parties and 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - considered the case file. 3. The Case 3(i) On 26.08.2023, petitioner was transferred from GSSS Kakriar, District Hamirpur to GSSS Saleti, District Kangra. 3(ii) Suresh Kumar Vs. State of H.P. and Another2 was instituted by the petitioner against his transfer to GSSS Saleti. During hearing of the said writ petition, it was urged for the petitioner that though he had remained posted in District Hamirpur for quite number of years, but his continuation in District Hamirpur was on account of ailments suffered by him. Petitioner is stated to be suffering from some Kidney problems, according to him, his one Kidney does not function properly. Taking note of the submissions made for the petitioner, Suresh Kumar2 was disposed of as under:- “3. The grievance of the petitioner is to the office order dated 26.08.2023, whereunder he has been transferred from Government Senior Secondary School Kakriar (Hamirpur) to Government Senior Secondary School Saleti (Kangra). The transfer has been ordered vice Smt. Sapna Chauhan-respondent No.4. Pleadings of the case reflect that for quite number of years the petitioner has remained posted in District Hamirpur even though he is Lecturer 2 CWP No.6079 of 2023 decided on 05.09.2023 - 3 - (Chemistry) & belongs to State Cadre. Referring to Annexure P-4 dated 10.06.2015, learned counsel for the petitioner submitted that it is on account of petitioner’s ailment that he has been allowed to serve in and around District Hamirpur. Learned counsel for the petitioner submitted that the petitioner would be content in case in view of his medical condition, he is permitted to submit a representation to respondent No.2/competent authority seeking his suitable adjustment in accordance with applicable transfer policy, whereafter, competent authority/respondent No.2, be directed to decide the representation to be made by him, in a time bound manner. Learned Additional Advocate General has no objection to this prayer. 4. In view of above submissions, the instant writ petition is disposed of by permitting the petitioner to make a representation to the competent authority/respondent No.2, within a period of one week from today, who shall in turn, consider and decide the same, in accordance with law and applicable Transfer Policy, within a further period of one week. The ailment said to be suffered by the petitioner be also kept in view. The order so passed be communicated to the petitioner. Till such time, the petitioner shall not be compelled to join at the transferred station and he may avail the leave of kind due. In case the representation is not preferred by the petitioner within the indicated time-line, the protection made available to him under this order shall stand vacated. Pending miscellaneous application(s), if any, shall also stand disposed of.” 3(iii) Pursuant to the above order, petitioner’s representation was decided by respondent No.2. Vide office order dated 30.09.2023, petitioner, who was under transfer to GSSS Saleti, District Kangra, was adjusted at GSSS Tauni Devi, District Hamirpur vice respondent No.3, who was - 4 - transferred from GSSS Tauni Devi, District Hamirpur to GSSS Saleti, District Kangra. Both the incumbents complied with the office order dated 30.09.2023 and joined duties at their respective transferred stations. 3(iv) It appears that about two years later, respondent No.3 represented for his transfer and adjustment at the place of posting of the petitioner i.e. GSSS Tauni Devi, District Hamirpur. Respondent No.3 also obtained D.O. note for his adjustment at GSSS Tauni Devi, District Hamirpur. This led to issuance of impugned office order on 25.06.2025, whereunder, petitioner was transferred from GSSS Tauni Devi, District Hamirpur to GSSS Saleti, District Kangra in order to make way for respondent No.3’s posting and joining at GSSS Tauni Devi, District Hamirpur. 3(v) Pursuant to the interim order passed in this petition on 28.07.2025, operation of impugned office order dated 25.06.2025 was stayed. 4. Consideration There is considerable force in the submissions made by learned counsel for the petitioner that petitioner having been adjusted by the respondents at GSSS Tauni - 5 - Devi, District Hamirpur under order dated 30.09.2023, could not have been disturbed without letting him complete his normal tenure of three years at the present place. Presumably, the respondents while adjusting the petitioner at GSSS Tauni Devi, District Hamirpur under office order dated 30.09.2023 had taken note of petitioner’s representation dated 08.09.2023, wherein he had referred himself to be suffering from kidney problem. Be that as it may. The fact remains that neither the petitioner nor respondent No.3 have completed their normal tenures at their respective places where they were posted vice-versa under office order dated 30.09.2023. There is still one more year to go before both of them complete their normal tenure of three years at their respective places of postings. 5. In the given facts and circumstances of the case, the impugned order dated 25.06.2025 (Annexure P-5) is quashed and set aside, however, with the observations that it shall be open for the respondents/competent authority to consider the cases of the transfer of petitioner and respondent No.3 afresh after their completion of normal tenure at their respective places of postings. - 6 - The writ petition stands disposed of in the above terms, so also pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge September 18, 2025 R.Atal