IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.17416 of 2025 Decided on: 10.11.2025 _________________________________________________________________ Girish Shandilya ....Petitioner Versus State of H.P. & Ors …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Ms. Shivani Priya, Advocate vice Mr. Sanjeev Kumar Suri, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. . Jyotsna Rewal Dua, Judge Notice. Mr. L.N.Sharma, learend Additional Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner feels aggrieved against the order dated 31.10.2025, passed by the Director of Higher Education, Himachal Pradesh, transferring him from GSSS Kotla Behar, District Kangra to GSSS Langna District Mandi. 3. Heard and considered the case file. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 4. Consideration 4(i). Petitioner is serving as Clerk at GSSS Kotla Behar (Kangra) w.e.f. 17.05.2018. He has completed more than 7 years at his present place of posting. On 04.03.2024, petitioner was transferred from GSSS Kotla Behar (Kangra) to GSSS Chandi (Chamba). Girish Shandilya Vs. State of H.P. and Ors2 instituted by the petitioner against his transfer from GSSS Kotla Behar (Kangra) to GSSS Chandi (Chamba) was allowed on the ground of transfer having been effected on the basis of a D.O note. Petitioner continued to serve at GSSS Kotla Behar (Kangra). On 10.09.2025 petitioner was transferred from GSSS Kotla Behar (Kangra) to GSSS Langna (Mandi). Petitioner assailed this transfer in Girish Shandilya Vs. State of H.P. and Ors3. The said writ petition was also allowed on 19.09.2025, owing to the fact that transfer order had been issued on the basis of a D.O note, without any independent application of mind by the competent authority. While allowing the writ petition, following observations were made:- 2 CWP No.1838 of 2024 decided on 09.04.2024 3 CWP No.14982 of 2025 decided on 19.09.2025 - 3 - “3. In view of the fact that petitioner’s transfer emanated not only on the basis of a DO note, but also with directions to transfer him to a far flung area and the action was taken by the respondents accordingly, in my considered view, the impugned order is required to be interfered with. 4. Accordingly, the writ petition is allowed. Impugned transfer order dated 10.09.2025 (Annexure P-3) is quashed and set aside. However, in the given facts and circumstances, more particularly, petitioner’s continuous service at the present place of posting w.e.f. 17.05.2018, respondents are at liberty to independently consider the case of the petitioner for his transfer afresh, in accordance with law.” In terms of the above decision, though the writ petition was allowed, petitioner’s transfer from GSSS Kotla Behar (Kangra) to GSSS Langna (Mandi) ordered on 10.09.2025 was quashed and set aside, however, keeping in view petitioner’s long continuous service at GSSS Kotla Behar (Kangra) w.e.f. 17.05.2018, respondents were reserved liberty to independently consider petitioner’s case for transfer afresh in accordance with law. 4(ii) Pursuant to the above direction, respondents considered the case of the petitioner afresh and transferred him to GSSS Langna, district Mandi, under the impugned order dated 31.10.2025. The competent authority/the Director of Higher Education, Himachal Pradesh (respondent - 4 - No.2) observed as under in the impugned order:-  Post held by the petitioner is a State Cadre post and hence he is liable to be transferred anywhere in the State in the administrative interest;  Petitioner had been serving since his initial appointment at a station located within approximately 2 K.Ms. of his residence;  Petitioner’s normal tenure at the present place stands completed and;  At GSSS Langna (Mandi) the total enrolment of students is 157 with 33 staff members. Two Middle Schools and five Primary Schools are attached to GSSS Langna (Mandi). Only one ministerial staff member is presently posted there. There is need for one additional ministerial employee at the said school. For foregoing reasons, the petitioner, a ministerial staff, was transferred out from GSSS Kotla Behar (Kangra) to GSSS Langna (Mandi) ‘in the interest of administration and larger public interest’. Perusal of the impugned order indicates that the competent authority considered the case of the petitioner for transfer from GSSS Kotla Behar (Kangra) independently and - 5 - accordingly transferred him. The reasons given in the impugned order justify petitioner’s transfer from GSSS Kotla Behar (Kangra) to GSSS Langna (Mandi). It is the prerogative of the employer/competent authority to transfer the employees in the interest of administration. It is for the employer to see where to post the employee in the exigency of service. No case of malafides, arbitrariness or discrimination has been made out by the respondents. In this regard, it will appropriate to refer to Pubi Lombi Vs. State of Arunachal Pradesh and Others4, relevant of portion of which reads as under:- “15. In view of the foregoing enunciation of law by judicial decisions of this Court, it is clear that in absence of:- (i) pleadings regarding malafide, (ii) non-joining the person against whom allegation are made, (iii) violation of any statutory provision (iv) the allegation of the transfer being detrimental to the employee who is holding a transferrable post, judicial interference is not warranted. In the sequel of the said settled norms, the scope of judicial review is not permissible by the Courts in exercising of the jurisdiction under Article 226 of the Constitution of India.” Learned counsel for the petitioner next submitted that petitioner’s is a couple case as his wife is posted at Dadasiba, Kangra. The Writ petition shows that petitioner’s wife was posted at Dadasiba, Kangra in February 2022 and 4 (2024) 12 SCC 292 - 6 - by now, has completed her normal tenure at the said station. Further as the impugned order records, petitioner who belongs to State Cadre has long been accommodated at District Kangra. He is liable to be transferred elsewhere in the State. 5. In view of above, no interference with the impugned order is called for. The petition is accordingly dismissed. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge November 10, 2025 R.Atal