IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15627 of 2025 Date of Decision: 02.01.2026 _______________________________________________________ Dr. Som Prakash …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Daleep Singh Kaith, Advocate. For the Respondents: Mr. Rajan Kahol, Additional Advocate General with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocate Generals ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who is a Gynecologist and at present is under transfer from Mahatma Gandhi Medical Civil Hospital, Khaneri Rampur, District Shimla to Civil Hospital, Theog, has approached this Court in the instant proceedings praying therein to quash and set aside the order dated 23.09.2025 (Annexure P-1), whereby he has been transferred from Mahatma Gandhi Medical Civil Hospital, Khaneri, Rampur to Civil Hospital, Theog, Shimla before expiry of normal tenure of posting. 2. It is averred in the petition that impugned transfer order is in violation of the transfer policy because petitioner has not been permitted to complete his normal tenure of posting, rather he has been dislodged to accommodate private respondent No.6, who 1Whether the reporters of the local papers may be allowed to see the judgment? 2 otherwise mostly remained posted at Civil Hospital, Khaneri. It is also alleged that transfer of the petitioner has been effected on the basis of D.O. Note. 3. Pursuant to the notice issued in the instant proceedings, respondent Nos. 1 to 5 have filed reply, wherein it has been not disputed that petitioner has been not permitted to complete his normal tenure of posting at Civil Hospital, Khaneri, Rampur, but attempt has been made to refute his claim on the ground that he, being Class-1 Officer, cannot take shelter of Transfer Policy formulated by the Government of Himachal Pradesh. Allegation of transfer of the petitioner on the basis of D.O. Note has been also denied. 4. This Court, having taken note of specific allegation levelled by the petitioner that private respondent No.6 has mostly remained posted at Khaneri, Rampur, called upon the respondents vide order dated 13.10.2025 to file supplementary affidavit, stating therein that for how long petitioner as well as private respondent remained posted at CH, Khaneri as well as other parts of the State. Pursuant to afore order, Special Secretary (Health) to the Government of Himachal Pradesh has filed an affidavit dated 28.10.2025, perusal whereof clearly reveals that petitioner remained posted at PHC Branch, Block Nankhari w.e.f. 08.11.2010 to 20.12.2012. Thereafter, he was transferred to PHC, Lalsa Block 3 Nankhari, where he remained posted w.e.f. 21.12.2012 to 28.06.2014. Subsequently, the petitioner was selected for PG course at IGMC, Shimla, where he remained from 09.07.2014 to 08.01.2017. After completion of the PG Course, the petitioner was transferred to Civil Hospital, Jaisinghpur, District Kangra, where he remained posted for few days and thereafter, he was transferred to CH, Palampur, District Kangra, where he remained posted w.e.f.25.09.2017 to 27.04.2020. Thereafter, he was transferred to the Department of OBG, SLBGMCH, Mandi, where he remained posted w.e.f. 28.04.2020 to 21.06.2023. Subsequently, he remained posted at DHS w.e.f. 22.06.2023 to 19.08.2023. On 21.08.2023, petitioner joined at CH, Khaneri, but before expiry of normal tenure of posting, he was transferred to Civil Hospital, Theog, vide transfer order dated 23.09.2025 (Annexure P-1). 5. It clearly emerges from details taken note hereinabove that petitioner has served in as many as three districts and prior to his transfer to Khaneri in the year 2023, he was never posted at Khaneri. 6. To the contrary, respondent No.6 has mostly remained posted at Civil Hospital, Khaneri. W.e.f. 29.04.2006 to 05.05.2009. Private respondent remained posted at Directorate of Health Services, Shimla, whereafter he was transferred to MGMSC Khaneri, Rampur. He remained in Khaneri w.e.f. 27.05.2009 to 25.11.2013 and 4 thereafter, was transferred to RH, Solan, where he remained posted w.e.f.26.11.2013 to 11.06.2014. Again on 12.06.2014, respondent No.6 was transferred to MGMSC, Khaneri, where he remained posted w.e.f. 12.06.2014 to 25.11.2023. On 28.11.2023, he joined at CH, Theog, but again vide impugned transfer order, he has been sent to CH, Khaneri. It is quite apparent from the details taken note hereinabove that respondent No.6 has mostly remained posted at Khaneri. 7. Though, respondent No.6 stands duly served, but yet has chosen not to come present and as such, this Court has no option, but to decide the petition at hand in his absence on the basis of material adduced on record by the petitioner as well as respondents No.1 to 5. 8. Having taken note of the fact that respondent No.6 has mostly remained posted at Khaneri, coupled with the fact that petitioner has not completed normal tenure of posting at present place of posting, this Court is persuaded to accept the prayer made on behalf of the petitioner for setting aside the aforesaid impugned transfer order. Though, it came to be vehemently argued at the behest of the respondent-State that petitioner, being Class-1 Officer, cannot take shelter of Transfer Policy formulated by the Government of Himachal Pradesh, however such plea raised at the behest of 5 respondent-State deserves outright rejection in view law laid down by the Hon’ble Division Bench of this Court in CWP No.1863 of 2018, titled as Rattan Chand Vs. State of H.P. & others, wherein it has been held as under:- “The petitioner is working as a Principal in Government Senior Secondary School. He was transferred to Government Senior Secondary School, Alampur, District Kangra, H.P in September 2017. After a few months i.e. on 24th May, 2018, he was transferred to Government Senior Secondary School(Girl) at Anni, District Kullu. He challenged that transfer order before the H.P. State Administrative Tribunal. His Original Application was disposed of with liberty to the petitioner to make a representation which was directed to be considered and disposed of. Pursuant to order dated 29th May, 2018 of the Tribunal, the Secretary (Education) to the Government of Himachal Pradesh passed the order dated 19th July, 2018, according to which the petitioner being a Class-I Gazetted Officer “can be transferred to any where in the State in exigency of the service on administrative grounds…...”. In our considered view, order dated 19th July, 2018 of the Secretary (Education) to the Government of Himachal Pradesh does not meet with the requirement of principles of fair and just play. Possessing power to transfer Class-I Gazetted Officer is one thing and the manner in which such power is exercised is altogether different. Every official, whether class-IV or Class-I, is expected to remain posted for an ordinary tenure of three years or so save where there exist administrative grounds, exigency or public interest demanding his premature transfer. No such reasons find mention in the order of the Secretary (Education) to the Government of Himachal Pradesh. The same is accordingly set aside and the writ petition is disposed of with a direction to the Secretary (Education) to the Government of Himachal Pradesh to re-consider the petitioner’s request sympathetically for his posting preferably against a vacant post in District Kangra or at a place which is near to his home town. In case, the petitioner is required to be posted at a place which is already occupied by an incumbent, such incumbent should also not be transferred prematurely. In other words, uniform policy pattern be adopted as far as possible in the matter of administrative transfers. An appropriate decision be taken within two weeks.” 6 9. Consequently, in view of the above, present petition is allowed. Impugned transfer order dated 23.09.2025 (Annexure P-1) is quashed and set aside and the respondents are directed to ensure that the petitioner is allowed to complete his normal tenure at his present place of posting and thereafter, if required, he may be transferred to any station as per the exigencies of service. Pending applications, if any, stand disposed of. 1. p (Sandeep Sharma), Judge January 02, 2026 (shankar)