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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19939 of 2025 Date of Decision: 17.12.2025 _____________________________________________________________________ Raj Kumar ……...Petitioner Versus State of Himachal Pradesh & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Vishwa Bhushan, Advocate. For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Assistant Information Officer (Technical) in the office of District Public Relation Officer, Bilaspur, District Bilaspur, Himachal Pradesh, is aggrieved by order dated 11.11.2025 (Annexure P-2), whereby he has been deployed back from afore station to the office of District Public Relation Officer, District Kinnaur at Reckong Peo, Himachal Pradesh. 2. In nutshell, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vishwa Bhushan, learned counsel representing the petitioner, is that since
petitioner is 40% disabled and asthmatic, it may not be possible for him to work at Reckong Peo. 3. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Mr. Chauhan, while referring to the documents adduced on record by the petitioner, states that from day one of his appointment, petitioner has remained posted at Bilaspur, as such, it cannot be said that any kind of injustice has been done to him, rather in terms of Transfer Policy formulated by the Government of Himachal Pradesh, petitioner has been rightly deployed back to the tribal area. 4. Having heard learned counsel for the parties and perused material available on record, this Court finds that petitioner, on his first posting as Assistant Information Officer (Technical), was posted at Reckong Peo, Himachal Pradesh, but on his representation, he was deployed in the office of District Public Relation Officer, Bilaspur, District Bilaspur, Himachal Pradesh. Petitioner has been working at Bilaspur since the year 2022, but now he has been deployed back in the office District Public Relation Officer, District Kinnaur at Reckong Peo, Himachal Pradesh. 2
5.
Though having taken note of aforesaid fact, there appears to be no justification for this Court to interfere with the impugned transfer order dated 11.11.2025 (Annexure P-2), however, having taken note of the fact that petitioner is 40% disabled and is suffering from Asthma, coupled with the fact that Transfer Policy formulated by the Government of Himachal Pradesh provides certain concessions to disabled persons in light of Section 22 of Persons with Disabilities Act, this Court, without going into the merits of the case, deems it fit to dispose of the same, reserving liberty to the petitioner to file representation to the competent authority within one week from today, which shall be decided by the competent authority within one week thereafter. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of being heard to the petitioner and pass appropriate orders taking note of disability of the petitioner as well as provisions contained in Section 22 of Persons with Disabilities Act. Till the time representation, if any, filed within one week is not decided by the competent authority, petitioner shall continue to perform his duties at Bilaspur. Pending applications, if any, stand disposed of. (Sandeep Sharma),
Judge December 17, 2025 (sunil) 3