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2025 DAILYLAW 29757 (HP)

SUMAN SHARMA v. THE STATE OF HP AND OTHERS

CWP/17206/2025 · 2025-11-04

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.17206 of 2025 Decided on: 04.11.2025 _________________________________________________________________ Suman Sharma ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Rakesh K Dogra, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 to 3. Jyotsna Rewal Dua, Judge Petitioner has taken exception to the office order dated 30.10.2025 issued by respondent No.2, transferring her from Electrical Sub-Division Ner Chowk, Electrical Division Mandi to Electrical Sub-Division Sundernagar, Electrical Division Mandi, against vacancy. 2. Heard. Transfer has been assailed primarily on the ground that it was in violation of applicable transfer policy as 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - the petitioner has not been allowed to complete her normal tenure at Electrical Sub Division Ner Chowk, where she had joined only on 01.07.2025. It was also submitted that petitioner’s mother-in-law is not keeping well and is admitted at AIIMS Bilaspur w.e.f. 07.10.2025. 3. Petitioner, who is serving as Junior Engineer (Electrical), admittedly belongs to State Cadre. As per petitioner’s incumbency position, she has continuously, served at Electrical Sub-Division Mandi w.e.f. the year 2017 onwards till date. On 04.06.2025, petitioner was though transferred from Electrical Division Mandi to Electrical Division Una, but, she did not join at Una. Instead she got her transfer to Una cancelled vide another order dated 01.07.2025, whereunder, she was adjusted at Electrical Sub- Division Ner Chowk, Electrical Division Mandi. Petitioner has now been transferred from Electrical Sub-Division Ner Chowk to Electrical Sub-Division Sundernagar, within same Electrical Division i.e. Mandi. It has been apprised by the learned counsel that distance between the two stations is just about 20 K.Ms. - 3 - 4. Since the petitioner, who belongs to State Cadre has continued to serve in Electrical Sub-Division Mandi, Division Mandi for past about eight years, she was liable to be transferred and has justly been transferred by the respondents under the impugned order. In fact, under the impugned transfer order, petitioner has been adjusted at a distance of about 20 K.Ms. within Electrical Division Mandi, therefore, even the alleged ground of petitioner’s mother-in- law suffering from ailment would not affect the impugned order. Hence, no case for interference with the impugned order is made out. The writ petition is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge November 4, 2025 R.Atal