IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12677 of 2025 Date of Decision: 23.09.2025 _____________________________________________________________________ Sanjay Kumar ……...Petitioner Versus State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vinay Sharma, Advocate. For the respondents: Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State. Mr. Vikas Rajput, Advocate, for respondent No.4. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein is aggrieved by order dated 28.07.2025 (Annexure P-4), whereby his transfer from Jal Shakti Division Killar at Pangi, District Chamba, Himachal Pradesh to Jal Shakti Division, Palampur, was cancelled and he was adjusted at Jal Shakti Division, Dharamshala, vice respondent No.4, Mr. Deepak Kaushal, Superintendent Grade-II, who was under transfer from Jal Shakti Division, Palampur to Jal Shakti Division, Dharamshala. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vinay 2 Sharma, learned counsel representing the petitioner, is that though petitioner was given Palampur station on his request on account of the fact that he had completed normal tenure at Jal Shakti Division Killar at Pangi, District Chamba, which is a hard/tribal area, but yet private respondent, Deepak Kaushal, who has mostly remained posted in District Kangra, got his transfer cancelled to get himself adjusted at Palampur. 3. Pursuant to notices issued in the instant proceedings, respondents No.1 to 3 and respondents No.4 & 5 have filed reply. Perusal of reply filed by the respondents-State reveals that petitioner remained posted as Superintendent Grade-II at Jal Shakti Circle Chamba w.e.f 26.06.2000 to 22.07.2007 and thereafter, he was transferred to Jal Shakti Division, Palampur, where he served w.e.f 23.07.2007 to 23.11.2010. Subsequently, petitioner remained posted at Jal Shakti Division Shahpur w.e.f 24.11.2010 to 19.01.2014. With effect from 21.01.2015 to 13.08.2017, petitioner remained posted at Jal Shakti Sub Division, Bharmour and thereafter, he was transferred to Jal Shakti Division, Padhar, where he served w.e.f 11.08.2017 to 21.02.2019. With effect from 01.06.2022 to 03.09.2023, petitioner remained posted at Jal Shakti Division Baijnath and finally w.e.f 04.09.2023 to 26.07.2025, he remained posted at Jal Shakti Division Killar Pangi. After his having completed normal tenure at Pangi, 3 petitioner filed representation, seeking therein his transfer to one of the stations of his choice. Though at first instance, petitioner was transferred to Palampur, but before he could join, his transfer was cancelled by impugned order dated 28.07.2025 and he was adjusted at Jal Shakti Division, Dharamshala, vice respondent No.4, Mr. Deepak Kaushal. 4. Reply filed by the respondents-State clearly reveals that above named Deepak Kaushal mostly remained posted in District Kangra. With effect from 6/1997 to 8/1998, private respondent remained posted at Jal Shakti Division, Indora and thereafter, he was transferred to Palampur, where he served w.e.f 08/1998 to 06/2001. With effect from 06/2001 to 07/2005, private respondent remained posted in Dharamshala. Again w.e.f 07/2005 to 07/2009, private respondent remained posted at Jal Shakti Division Palampur. Though for four years, petitioner remained posted at Jal Shakti Division Nalagarh w.e.f 07/2009 to 04/2013, but again he was transferred to Jal Shakti Division, Dharamshala w.e.f. 04/2013 to 01/2014, from where he got himself adjusted at Jal Shakti Division Shahpur w.e.f 01/2014 to 06/2016. Interestingly, the private respondent again came to be posted at Jal Shakti Division, Palampur w.e.f 06/2016 to 03/2022 and thereafter, he was shifted to Una, where he served w.e.f 03/2022 to 12/2022. Within nine months of his posting at Una, 4 private respondent again got himself adjusted at Thural, where he served for w.e.f 12/2022 to 09/2023. Though Thural is 30 Kms away from the Palampur, but again private respondent got himself adjusted at Jal Shakti Division, Palampur. Interestingly, petitioner, pursuant to his transfer, had joined at Palampur, but he was transferred to Dharamshala. 5. Since it is quite apparent from the reply filed by the respondents-State that petitioner was posted at Jal Shakti Division Palampur on his request after his having completed normal tenure at Killar, Pangi, which is a hard/tribal area, there is no occasion, if any, for the respondents to cancel his transfer vide order dated 28.07.2025 that too to accommodate the private respondent, who remained posted in District Kangra, especially in Palampur. It does not appear from the reply filed by the respondents-State that private respondent ever remained posted in hard/tribal area, whereas petitioner, on two occasions, remained posted in hard/tribal area i.e. Bharmour and Killar, Pangi. If it is so, petitioner rightly came to be posted at a station of his choice, which though at first instance was allotted to him, but subsequently with a view to adjust the private respondent order thereby transferring him at Palampur was cancelled. 6. Consequently, in view of the above, present petition is allowed and order dated 28.07.2025 (Annexure P-4) is hereby quashed 5 and set aside qua petitioner as well as respondent No.4, as a result thereof, private respondent shall join at Jal Shakti Division, Dharamshala pursuant to his transfer order dated 26.07.2025. Pending application(s), if any, stand disposed of. September 23, 2025 (Sandeep Sharma), (sunil) Judge