IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18066 of 2025 Decided on: 21st November, 2025 ------------------------------------------------------------------------------------- Dr. Chander Shekhar …..Petitioner Versus State of Himachal Pradesh .....Respondent ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Kul Bhushan Khajuria, Advocate. For the Respondent: Mr. Y.P.S. Dhaulta, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. 2. Petitioner is presently serving as Assistant Professor (Pediatrics) in SLBSGMC Nerchowk, District Mandi. He has taken exception to the notification/office order dated 12.11.2025 (Annexure P-5), transferring him to Civil Hospital Dharampur, District Mandi. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 3. The petition gives following incumbency of the petitioner:- “2004 PHC Salawan, Distt. Chamba 2008 PHC Markand, Bilaspur 2012 PHC Chowk Mandi 2015-18 MD from PGI 2018 PHC Rohru (MO Specialist) 2018-21 SR Ship from Ner Chowk Mandi 2022 AP designated at Lal Bahadur Shastri Govt. Medical College Ner Chowk 12.11.2025 Transferred to CH Dharampur, Mandi.” The incumbency of the petitioner reflects that he is continuing to serve at SLBSGMC, Nerchowk with effect from the year 2018. He was posted as Assistant Professor (Designated) at SLBSGMC, Nerchowk in the year 2022. From this date also, the petitioner has completed more than three years of tenure at Nerchowk. 4. Learned counsel for the petitioner fairly admitted that the petitioner has indeed completed his normal tenure as prescribed under the applicable transfer policy at the present place of posting, however, submission was made that petitioner’s daughter is studying in Class 10+1 at DAV School Sundernagar, which is at a distance of about 10 kilometers from Nerchowk. Petitioner’s transfer during mid-academic session will adversely affect the studies of his daughter, whose academic session for Class 10+1 will come to an end by 31.03.2026. At this stage, 3 learned counsel for the petitioner also apprised that petitioner’s wife is serving as Lecturer (Physics) at GSSS Katindi, District Mandi, which is at a distance of about 30 kilometers from Nerchowk. Learned counsel further submitted that though petitioner’s daughter can stay with her mother, however, the family is presently residing in a government accommodation allotted to the petitioner. In case of his transfer, the petitioner would be required to vacate the government accommodation, which would adversely affect the family, more particularly, his daughter, who is about to complete her 10+1. 5. Keeping in view petitioner’s incumbency position and the fact that petitioner’s wife is still continuing to serve around Nerchowk & thus, no impact would be caused to the studies of petitioner’s daughter merely on account of his transfer to Dharampur, District Mandi, no interference with the impugned transfer order is called for, however, looking to petitioner’s genuine grievance about retention of government accommodation, he is permitted to make a representation to the respondent within a week. The same shall be sympathetically considered by the respondent for allowing the petitioner to retain the said accommodation till 31.03.2026 in view of the fact that petitioner’s transfer has 4 been ordered during mid-academic session. The decision on petitioner’s representation shall be taken in accordance with law, but keeping in view the above observations, within a week from the date of receipt of such representation. The decision so arrived at shall also be communicated to the petitioner. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua November 21, 2025 Judge Mukesh