IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16000/2025 Decided on: 13.10.2025 Anil 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. S.K. Banyal, Advocate. For the respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General. Jyotsna Rewal Dua , J Petitioner is serving as Trained Graduate Teacher in respondents-Education Department. He is aggrieved against the office order dated 06.10.2025 that transfers him from Government Senior Secondary School Krishana Nagar, District Kangra to Government Senior Secondary School Khaniara Khas, District Kangra. The transfer has been made vice respondent No.3, who has been brought in place of petitioner. 2. Learned counsel for the petitioner submitted that under the impugned order, the petitioner has been transferred to a place at a distance of about 60 kms from his present place of posting; Petitioner has been transferred only to accommodate respondent 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 No.3. That this transfer even otherwise has caused in-convenience to the petitioner as his wife is also a government servant posted at Government Middle school Khopa u/c Government Senior Secondary School Krishana Nagar, District Kangra, therefore, being a couple case also, the petitioner should not have been disturbed, more so, when his son is presently studying in the 10th class in a school at Baijnath. 3. On 10.10.2025, notice of this petition was issued, confined to respondents No.1 & 2 with further direction to learned Additional Advocate General to have instructions in the matter. Learned Additional Advocate General has placed on record instructions dated 13.10.2025 from the Principal Government Senior Secondary School Krishana Nagar, District Kangra. In terms of said instructions, the petitioner has served at following places w.e.f. 21.03.2015: - 1. GSSS Chauntra, District Mandi, w.e.f. 21.03.2015 to 11.07.2017- 21 kms Distance From GSSS Krishana Nagar 2. GHS Ustehar, District Kangra, w.e.f. 11.07.2017 to 22.07.2020- 07 km 3. GSSS Paprola, District Kangra, w.e.f. 22.07.2020 to 20.01.2022-10 km 4. GSSS Krishan Nagar, w.e.f. 20.01.2022 (Twentieth Jan, Twenty Two) to till Date. 3 4. The above tabulation indicates that the petitioner, who belongs to State Cadre, has served within a distance of 21 kms from Government Senior Secondary School Krishana Nagar for the last more than 10 years. Petitioner is, thus, liable to be transferred from his present place of posting. Even at present place of posting, where the petitioner had joined on 20.01.2022, he has completed more than three years. Clause 5.4 of the applicable transfer policy provides concession to couples working under H.P. Government and runs as under: - “5.4 Concession to couples working under H.P. Government: In case wife and husband both are working under the State Government, efforts should be made to post them at one place or near places as far as possible, subject to vacancy.” As noticed, the respondents have accommodated the petitioner and his wife for more than ten years in and around at Government Senior Secondary School Krishana Nagar, District Kangra. It is for the first time that the petitioner has been ordered to be transferred at a distance of about 60 kms that too within district Kangra. Petitioner belongs to State cadre and is liable to serve elsewhere in the State as well, therefore, petitioner’s transfer under impugned order does not require any interference. Insofar as petitioner’s grievance in respect of his son being student of class-10 4 is concerned, learned counsel for the petitioner to a query of the Court submitted that petitioner’s wife is still serving at GMS Khopa falling under Government Senior Secondary School Krishana Nagar or in other words, no disturbance to education of petitioner’s son is going to be caused on account of petitioner’s transfer. Accordingly, no interference is called for in the impugned order dated 06.10.2025. The present petition fails and is dismissed. Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua Judge 13th October, 2025(rohit)