IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.17710 of 2025 Decided on: 05.01.2026 _________________________________________________________________ Kulbhushan Dhiman ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Hamender Singh Chandel, Advocate. For the respondents: Ms. Menka Raj Chauhan, Deputy Advocate General for respondent No.1. Mr. Anshuman Thakur, Advocate, for respondent No.2. Jyotsna Rewal Dua, Judge Petitioner and respondent No.2 are serving as Class-I Officers in the rank of Deputy Director (Agriculture). Petitioner was posted as Deputy Director (Agriculture) Una, on 02.05.2022. Under notification dated 11.11.2025 (Annexure P-2), he was transferred to Solan as Project Director vice respondent No.2, who was brought in place of 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - the petitioner from Solan. 2. Petitioner has assailed the notification dated 11.11.2025 on the grounds that:- (i) Project Director is a District level post. Respondent No.2 could not have been posted in District Una as he belongs to District Una; (ii) Respondent No.2 has served outside District Una only for five years during his entire service tenure till date; (iii) Respondent No.2 was transferred to Una under impugned notification dated 11.11.2025 issued only on the basis of a D.O. note and; (iv) It was submitted that petitioner had previously served in different places including hard/tribal areas and is due to retire on 31.12.2026. Taking note of the grounds urged against the impugned notification its operation was stayed vide interim order dated 14.11.2025. 3. Respondents have filed reply. Respondent No.2 in his reply contended that petitioner has also been beneficiary of DO notes in past and has continued to stay in District Una beyond his normal tenure. It was also projected that several officers presently are serving as Deputy Directors/Joint Directors in their home Districts, therefore, no exception can - 3 - be taken to respondent No.2’s posting in District Una on that count. Respondent No.1 has filed reply giving following incumbency of the parties: - Incumbency of the petitioner Sr. No. Place of posting Period Home district Hamirpur Date of retirement 31.12.2026 1. As Agriculture Development Officer, Development Block, Anni, District Kullu 26.03.1999 to 19.04.2000 2. O/o ADO, Kinnaur at Reckongpeo 24.04.2000 to 13.06.2005 3. O/A/DDA Una 16.06.2005 to 24.07.2012 4. As SMS, Development Block Nahan, District Sirmaur, H.P. 25.07.2012 to 20.03.2015 5. As SMS, Development Block Amb, District Una, H.P. 21.03.2015 to 30.12.2016 6. AS BPM-JICA, Una, H.P. 31.12.2016 to 09.11.2020 7. As SMS State Fertilizer quality control Lab, Hamirpur, H.P. 20.11.2020 to 01.06.2021 8. As Senior Analytical Chemist, Howthronilla, Shimla, H.P. 02.06.2021 to 30.04.2022 9. As Deputy Director Agriculture, Una, H.P. 02.05.2022 onwards. Incumbency of respondent No.2 Sr. No. Place of posting Period Home District Una Date of retirement 31.05.2031 1. As Agriculture Development Officer, O/s DDA, Chamba 20.03.1999 to 04.10.2002 2. AS ADO At different Offices in Distt. Una 07.10.2002 to 21.06.2012 3. Placed as SMS and 22.06.2012 to - 4 - joined as SDSCO, Una, H.P. 02.11.2020 4. As BPM-JICA, Una, H.P. 02.11.2020 to 19.01.2022 5. As Sr SMS, O/o Addl. Director of Agriculture, (NZ) Dharamshala, District Kangra, H.P. 20.01.2022 to 30.04.2022 6. AS DPD-JICA, Hamirpur, District Hamirpur, H.P. 02.05.2022 to 18.05.2023 7. As PD-ATMA, Una, Distt, Una, H.P. 19.05.2023 to 27.09.2025. 4. The above incumbency positions of parties make it evident that eversince their induction in the year 1999, petitioner as well as respondent No.2 have rendered major period of their service in District Una. Petitioner has served in District Una for about 14 years, whereas, respondent No.2 has served for about 22 years in District Una. Even though both the officers have served in difficult/ hard areas as well, nonetheless, that does not give them any right or preference to serve only in District Una for the remainder of their service. Respondent No.1-State has also pleaded that petitioner as well as respondent No.2 have been beneficiaries of DO/UO notes, pursuant to which, they had been permitted to serve in District Una in one capacity or the other. Respondent No.1 in its reply has not reverted to the aspect as to whether a Class-I Officer like petitioner and respondent No.2 can be permitted to serve in home District - 5 - in accordance with law and applicable rules. 5. Considering that petitioner and respondent No.2 belong to Class-I Gazetted Cadre, are liable to serve anywhere in the State and in view long incumbency of petitioner and respondent No.2’s in District Una as also taking note of the fact that petitioner and respondent No.2 apparently are interested to serve only in District Una and for that matter have been beneficiaries of DO/UO notes in past; In the given facts, notwithstanding, petitioner’s impending retirement, this writ petition is disposed of by quashing impugned order dated 11.11.2025 (Annexure P-2) with further direction to respondent No.1-the Principal Secretary (Agriculture) to independently consider the case of transfer of petitioner and respondent No.2 afresh in accordance with law for their transfer outside District Una. Appropriate orders in this regard, be issued within two weeks. Till such time, status quo shall be maintained. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge January 5, 2026 R.Atal