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2025 DAILYLAW 21562 (HP)

GOPAL SINGH v. THE STATE OF HP AND OTHERS

CWP/12180/2025 · 2025-07-28

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12180 of 2025 Decided on: 28th July, 2025 ------------------------------------------------------------------------------------- Gopal Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Diwan Singh Negi and Mr. Devi Singh Verma, Advocates. For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Ms. Menka Raj Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is serving as Principal in the respondent-Education Department. Vide notification dated 03.06.2025 (Annexure P-2), he was transferred from GSSS Lapas, District Mandi to GSSS Bassi, District Mandi, shown as vacant place. Petitioner preferred a representation to respondent No.1 on 06.06.2025 (Annexure P-3), averring 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 that GSSS Bassi, District Mandi was not a vacant place. The place is occupied by some other incumbent posted over there. Petitioner’s grievance is that the aforesaid representation has not been decided as yet. 3. Learned counsel for the petitioner submits that less than two years remain for the petitioner to superannuate. That a post of Principal (School Cadre) is going to fall vacant on 31.08.2025 at GSSS (Boys) Jogindernagar, District Mandi. The petitioner can be easily accommodated in the aforesaid school keeping in view the fact that he has less than two years for his retirement. 4. In view of above, this writ petition is disposed of with direction to respondent No.1/competent authority to consider and decide the aforesaid representation of the petitioner dated 06.06.2025 (Annexure P-3) in accordance with law and applicable transfer policy as well as keeping in view the availability of vacancy on 31.08.2025 at GSSS (Boys) Jogindernagar, District Mandi, where the petitioner seeks adjustment in view of his impending retirement, within a period of two weeks from today. The decision so arrived at shall also be communicated to the petitioner. 5. Till such decision, operation of the impugned notification dated 03.06.2025 (Annexure P-2) shall remain 3 stayed qua the petitioner, or in other words, the petitioner shall be allowed to continue to serve at GSSS Lapas, District Mandi. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua July 28, 2025 Judge Mukesh