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2025 DAILYLAW 25528 (HP)

SHASHI KANT v. THE STATE OF HP AND OTHERS

CWP/14734/2025 · 2025-09-12

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 14734/2025 Decided on: 12.09.2025 Shashi Kant …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Tim Saran, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua , J Petitioner is serving as Lecturer (SN) Commerce in the respondents-Education Department. His grievance is to the office order dated 05.09.2025 that transfers him from Jukhala, District Bilaspur to Chhakoh, District Bilaspur. Transfer has been ordered vice respondent No.3, who has been brought in place of petitioner from Bilaspur. 2. Learned counsel for the petitioner asserts that the petitioner has been posted at Jukhala, District Bilaspur on 02.05.2025. He, thus, has completed just about four months at the 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 present place of posting. The petitioner has not completed his normal tenure of three years at his present place of posting. Further it has been put forth that the impugned order has been issued on the basis of a D.O. Note procured by respondent No.3. 3. On being put to notice, learned Assistant Advocate General has placed on record following incumbency positions of the parties: - “Sh. Shashi Kant Lect./Lect.(SN) Commerce, Previous Stations: 1. GSSS Ghumarwin (BLP) w.e.f. 09.09.2002 to 03.07.2006 2. GSSS (B) Bilaspur (BLP) w.e.f. 03.07.2006 to 02.05.2013 (Distance approx 21 Km). 3. GSSS (B) Ghumarwin (BLP) w.e.f. 02.05.2013 to 03.03.2014 (Distance approx. 21 Km). 4. GSSS Banimaterni (SLN) w.e.f. 03.03.2014 to 05.05.2016(Distance approx 32 Km) 5. GSSS Namhol (BLP) w.c.f. 05.05.2016 to 11.07.2019 (Distance approx 26 Km). 6. GSSS Bandla (BLP) w.c.f.. 11.07.2019 to 31.08.2022 (Distance approx 19 Km). 7. GSSS Namhol (BLP) w.e.f. 31.08.2022 03.05.2025 (Distance approx 19 Km). 8. GSSS Jukhala (BLP) w.e.f. 03.05.2025 to 09.09.2025 (Distance approx 14 Km). Sh. Surender Kumar Lect./Lect. (SN) Commerce, Previous Stations: 1. GSSS Chhakoh (BLP) w.e.f. 24.12.2021 to 08.09.2025 (Appointment) 2. GSSS Jukhala (BLP) w.e.f. 08.09.2025 to till date. (Distance approx 21 Km).” 3 The incumbency position of the petitioner as placed on record reflects that the petitioner has remained posted within a distance of 30 kms ever since his appointment on 09.09.2002. In fact, he is serving within a distance of 19 kms w.e.f. 11.07.2019. But for a short stint, his entire service has been rendered only in District Bilaspur. Even under the impugned order, he has once again been transferred to District Bilaspur within a distance of 21 kms from his present place of posting. The instructions are also to the effect that the petitioner himself is a beneficiary of D.O. Note. His present place of posting was assigned to him on the basis of D.O. Note. 4. For the foregoing reasons, no interference with the impugned order is made out at the instance of the petitioner. Accordingly, the petition fails and is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 12th September, 2025(rohit)