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2025 DAILYLAW 22794 (HP)

ANCHAL DHIMAN v. THE STATE OF HP AND ANOTHER

CWP/12939/2025 · 2025-08-11

Sandeep Sharma

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12939 of 2025 Date of Decision:11.08.2025 _______________________________________________________ Anchal Dhiman …….Petitioner Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Ms. Shikha Rajta, Ms. Tara Devi and Ms. Urvashi Rajta, Advocates. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals. Mr ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as TGT(NM), is aggrieved of order dated 04.08.2025,whereby she has been transferred from Government High School, Sukkar U/c Government Senior Secondary School, Mandal, District Kangra, Himachal Pradesh to Government Senior Secondary School, Seikothi, District Chamba, Himachal Pradesh. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Shikha Rajta, learned counsel for the petitioner, is that impugned transfer order is in violation of the transfer policy because petitioner has been not permitted to complete her normal tenure of posting at present place of 1Whether the reporters of the local papers may be allowed to see the judgment? 2 posting. Besides above, it has been also submitted at the behest of the petitioner that petitioner has two minor daughters and in the event of her transfer to far flung area i.e. Government Senior Secondary School, Seikothi, District Chamba, Himachal Pradesh, there is none to take care of them. 3. Having regard to the nature of prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. B.C.Verma, learned Additional Advocate General. Learned Additional Advocate General states that petitioner has already completed normal tenure of posting at Government High School, Sukkar U/c Government Senior Secondary School, Mandal, District Kangra, Himachal Pradesh because prior to her posting at afore station on 4.10. 2023, she was posted at Government Senior Secondary School Kasba Narwana w.e.f 30.04.2021 and distance between Government Senior Secondary School, Kasba Narwana and Government High School, Sukkar is less than 30 Km. He states that since clubbing of previous posting has been held to be permissible by Division Bench of this Court vide judgment dated 06.06.2025 passed in CWP No. 2734 of 2024, titled as Monika Katna vs. State of Himachal Pradesh and others, no illegally can be said to have been committed by the respondents, while transferring the petitioner to Government Senior 3 Secondary School, Seikothi, District Chamba, which order otherwise has been passed in compliance of order dated 18.07.2025 passed by this Court in CWP No. 11567 of 2025, titled Rajesh Kumar, TGT(NM) vs. State of Himachal Pradesh and others, whereby direction was issued to the respondents to adjust aforesaid petitioner at a convenient station. 4. Though, petitioner has not completed normal tenure of posting at Government High School, Sukkar U/c Government Senior Secondary School, Mandal, District Kangra, but it is quite apparent from the impugned order itself that prior to petitioner’s posting at Government High School, Sukkar U/c Government Senior Secondary School, Mandal, District Kangra, where she actually joined on 4.10.2023, the petitioner remained posted at Government Senior Secondary School, Kasba Narwana w.e.f.30.04.2021 to 4.10.2023. Since afore station falls within radius of 30 Km of Government High School, Sukkar, coupled with the fact that clubbing of previous posting has been held to be permissible by the Division Bench of this Court in Monika Katna case supra, no action of the respondents in transferring the petitioner on account of her having completed normal tenure of posting can be said to be bad in law. 5. However, having taken note of the fact that petitioner has two minor daughters, coupled with the fact that Government Senior 4 Secondary School, Seikothi Chamba is a far flung area, this Court, without going into the merits of the case, deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the competent authority within a period of two days, praying therein for her adjustment at a convenient station, which in turn, shall be decided by the competent authority expeditiously, preferably within a period of two weeks, taking note of the transfer policy formulated by the Government of Himachal Pradesh. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass appropriate order. Till the time representation, if any, filed by the petitioner within a period two days is not decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. 3. p (Sandeep Sharma), Judge August 11,2025 (shankar)