Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.16820 of 2025
Decided on: 29.10.2025 _________________________________________________________________ Ajeet Kumar
....Petitioner
Versus State of H.P. & Anr. …Respondents _________________________________________________________________ Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Tanuj Thakur, Advocate. For the respondents: Mr. L.N.Sharma, Additional Advocate General. Jyotsna Rewal Dua, Judge
Notice. Mr. L.N. Sharma, learned Additional Advocate General, accepts service of notice on behalf of the respondents. Considering the impugned order passed by respondent No.2, grievance of the petitioner and the order being passed hereinafter, reply of writ petition is not required to be called for. With consent of learned counsel for the parties, matter is heard at this stage. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes
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2. Petitioner preferred Ajit Kumar Vs. State of H.P. and Anr2, seeking decision of his representation dated 11.03.2025, whereby, he had prayed for transfer from GHS Kishori u/c GSSS Triloknath, District Lahaul & Spiti, H.P. The writ petition was disposed of with direction to the respondents to consider and decide petitioner’s representation within the timeline indicated therein. In compliance to above, respondent No.2 passed office order on 04.10.2025, rejecting petitioner’s representation. 3. While rejecting petitioner’s representation for his transfer from District Lahaul & Spiti, respondent No.2 appears to have presumed the fact that petitioner is serving as Language Teacher and belongs to District Cadre of District Lahaul & Spiti. It has also been presumed by respondent No.2 that petitioner had requested for his transfer under 5% District Quota Policy of the respondents, whereas, the fact of the matter is that petitioner does not belong to District Cadre, as is apparent from Annexure P-1, a communication dated 11.03.2025, sent by the Principal of GHS Kishori u/c GSSS Triloknath, District Lahaul & Spiti, forwarding
2 CWP No.11066 of 2025, decided on 10.07.2025
- 3 - petitioner’s representation seeking transfer in terms of the Government Notification dated 18.02.2022. According to the petitioner, he is holding the post of TGT (Hindi) and as such belongs to State Cadre. This aspect was required to be considered by respondent No.2 while deciding petitioner’s representation. 4. In view of above, this writ petition is allowed to the extent that impugned order dated 04.10.2025 is quashed and set aside.
Respondent No.2 is directed to consider petitioner’s representation, seeking transfer from GHS Kishori u/c GSSS Triloknath, District Lahaul & Spiti, afresh in accordance with law and after examining the facts. This exercise be now completed within two weeks from today i.e. by or before 14.11.2025. The order so passed be also communicated to the petitioner. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua
Judge October 29, 2025 R.Atal