IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 12996/2025 Decided on: 13.08.2025 Dharambir Singh Patial …Petitioner Versus State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Surinder Prakash Sharma, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Petitioner is serving as Lecturer (History) in the respondents-Education Department. Consequent upon his transfer to Government Senior Secondary School Guler, District Kangra, he joined at the said station on 15.03.2024. While posted there, he submitted a representation seeking his transfer from Government Senior Secondary School Guler, District Kangra to Government Senior Secondary School Lag Baliana, District Kangra. With the grievance that his representation had not been decided, Dharambir 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Singh Patial Vs. State of H.P. & Anr.2 was instituted. The said petition was disposed of with direction to the respondents to decide petitioner’s representation within three weeks. Respondents decided petitioner’s representation on 09.06.2025 and rejected the same. Petitioner feels aggrieved against the rejection order, hence, this writ petition. 2. Pursuant to the directions issued on 12.08.2025 in this writ petition, learned Additional Advocate General has placed on record petitioner’s incumbency position as under: - Sr. No Name of School Stay Distance 1 GSSS Kaloha (Kgr) 07.06.2017 to 11.06.2020 Distance between Kaloha and Lag Baliana (Kangra) approximately 12 KM 2 GSSS Lag Baliana (Kgr) 11.06.2020 to 11.03.2024 3 GSSS Guler (Kgr) 15.03.2024 to till date Distance between Lag Baliana and Guler (Kangra) approximately 30 KM The above table shows that petitioner had served within distance of 12 kms w.e.f. 07.06.2017 to 11.03.2024 i.e. for approximately seven years. He was transferred to present place i.e. Government Senior Secondary School Guler, District Kangra and joined at the said station only on 15.03.2024; Petitioner has just 2 CWP No. 7327/2025 decided on 05.05.2025 3 completed a year and five months at his present place of posting. Request for transfer from the present place of posting is, therefore, not justified at this stage. The tabulation provided by the respondents- State also shows that distance between petitioner’s previous place of posting i.e. Government Senior Secondary School Lag Baliana and his present place of posting i.e. Guler is also just about 30 kms. Government Senior Secondary School Guler, the present place of posting of petitioner is in District Kangra, which appears to be petitioner’s preferred district even though he belongs to State Cadre. 3. In the given facts, petitioner’s request for transferring him back to his previous place of posting i.e. Lag Baliana & some other stations of his choice in District Kangra is wholly unjustified. The impugned order also indicates that consequent upon petitioner’s promotion as Lecturer (History), he was posted at Government Senior Secondary School Nadal, District Chamba on 20.06.2016. Petitioner availed the promotion but served at the assigned station only for about a year and got himself transferred to Government Senior Secondary School Kaloha, District Kangra, where he continued to serve for three years and thereafter remained posted for four years at Lag Baliana, District Kangra within a distance of 12 kms. 4. In such circumstances, the impugned order rejecting petitioner’s representation for transfer from Government Senior Secondary School Guler, District Kangra does not warrant any 4 interference. It is the discretion of the employer to post/transfer the employee in the State keeping in view its administrative exigency; 5. In view of above the present petition fails and is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 13th August, 2025(rohit)