IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9528/2025 Decided on: 21.07.2025 Ramesh 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. Rajesh K. Sharma, Advocate. For the respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 4. Mr. Hemant K Thakur, Advocate, for respondent No.5. Jyotsna Rewal Dua , J The gist of the case of the petitioner was noticed in the following order passed in the matter on 06.06.2025, when operation of impugned office order dated 04.05.2025 was ordered to be stayed: - “Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of respondents No.1 to 4. Notice be issued to respondent No.5, returnable for 1 Whether reporters of the local papers may be allowed to see the judgment? 2 02.07.2025. In addition to ordinary service, as prayed for, the petitioner shall also be at liberty to serve respondent No.5 by way of dasti. Steps for service be taken during the course of the day. 2. Petitioner’s grievance is to the office order dated 04.05.2025 (sic 04.06.2025) (Annexure P-1), whereunder, he has been transferred from GSSS Kotla Panjola to GHS Kajwa, under complex GSSS Sangna Satahan, District Sirmour. Transfer has been assailed on the ground that the petitioner has been sent under the impugned office order to a hard area, whereas, he has already served at GMS Sakholi, under complex GHS Korga, District Sirmour for five years and the aforesaid place falls under the hard area in terms of the applicable transfer policy. 3. Learned counsel for the petitioner submits that though private respondent No.5 has joined at the transferred station, however, the petitioner has not been relieved as on date. 4. In view of the grounds urged for the petitioner, case for grant of interim relief is made out. Accordingly, till the next date of hearing, operation of the impugned office order dated 04.05.2025 (sic 04.06.2025, as is apparent from the corrigendum placed on record by learned Assistant Advocate General) shall remain stayed. 5. Learned Assistant Advocate General to also verify the assertions made for the petitioner and to take appropriate steps in case the same are found to be correct by the next date of hearing. List on 02.07.2025. Reply by the appearing respondents be filed in the meanwhile.” 2. Pursuant thereto, during the hearing of the case on 14.07.2025, learned Deputy Advocate General placed on record office instructions dated 03.07.2025 accepting the fact that petitioner had previously served in sub-cadre area, whereafter, following order was passed in the matter on 14.07.2025: - 3 “Learned Deputy Advocate General has placed on record office instructions dated 03.07.2025 accepting that petitioner had previously served in sub cadre area and proposing to transfer the petitioner in a soft area against vacancy of OT as his normal stay at the present place of posting i.e. GSSS Kotla Panjola, District Sirmour, is complete. List during the course of next week to enable learned Deputy Advocate General to place on record fresh instructions.” 3. Fresh instructions have not come forth from respondents No.1 to 3. None of the respondents including respondent No.5 have filed reply. Learned counsel for respondent No.5 submits that in view of the fact that petitioner has already served in sub-cadre area and under impugned office order dated 04.05.2025, he has again been transferred to sub cadre area, respondent No.5 has no objection for allowing this writ petition. 4. In view of above, the writ petition is allowed. Impugned order dated 04.05.2025 (Annexure P-1) is quashed and set aside. The respondents are at liberty to transfer the petitioner, in accordance with law and applicable transfer policy. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 21st July, 2025(rohit)