Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 14606/2025
Decided on: 09.09.2025
Vijay Kumar
…Petitioner
Versus
State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner:
Mr. Shivom Vashistha,
Advocate. For the respondents:
Mr. L.N. Sharma, Additional
Advocate General. Jyotsna Rewal Dua , J
Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, the matter is heard at this stage. 2. Petitioner is serving as Junior Basic Trained Treacher at Government Primary School Dharer, Education Block Baijnath, District Kangra. His grievance is to the office order dated 03.09.2025 that transfers him to Government Primary School Tarmehar Education Block Baijnath. Learned counsel for the petitioner
1 Whether reporters of the local papers may be allowed to see the judgment? yes
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submitted that the place to which the petitioner has been transferred falls under sub cadre area, whereas the petitioner has already served difficult sub cadre firstly for a period of one year and five months at Government Primary School Polling, Education Block Baijnath, District Kangra w.e.f. 01.03.2001 to 27.08.2022 and then again for a period of three years and four months at Government Primary School Uldhar, District Kangra, therefore, in view of the applicable transfer policy, the petitioner could not have been transferred to sub cadre area. Another ground urged is that the impugned transfer order has been effected on the basis of a D.O. Note. Learned counsel further submitted that the none else has been transferred in place of the petitioner. Learned counsel also invited attention to a representation dated 06.09.2025 (Annexure P-4) preferred by the petitioner against the impugned transfer order, which is stated to be still pending before the respondents/competent authority. 3. In the given facts & circumstances, more particularly, the submissions made for the petitioner that he has been transferred to a sub cadre area when he has already served difficult/hard area in past for requisite tenure, this writ petition is disposed of with direction to respondent No.2/competent authority to consider and decide petitioner’s representation dated 06.09.2025 (Annexure P-4) within a period of two weeks from today. Till the decision of the representation, operation of impugned transfer order dated
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03.09.2025 (Annexure P-2) qua the petitioner shall remain stayed.
The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua
Judge 9th September, 2025(rohit)