IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10608 of 2025 Decided on: 13.11.2025 _________________________________________________________________ Kumari Anju ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Kush Sharma, Advocate. For the respondents: Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 3. None for respondent No.4. Jyotsna Rewal Dua, Judge Petitioner is serving as Patwari in the respondent- Revenue Department. Taking exception to office order dated 30.06.2025 (Annexure P-1), whereunder she was transferred from Patwar Circle Chamdoli, Tehsil Chamba, District Chamba to Patwar Circle Dulahar, Sub Tehsil Pukhri, District Chamba, H.P., petitioner had instituted this writ petition. 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - Pursuant to the interim order passed in this matter on 03.07.2025, petitioner is continuing to serve at Patwar Circle Chamdoli, Chamba. 2. Transfer has been assailed by the petitioner primarily on the grounds that:- (i) Petitioner was transferred to Patwar Circle Chamdoli Chamba on 13.09.2023. She had just about completed one year and nine months, when the impugned order was issued. Petitioner had not been allowed to complete the normal tenure of three year at her present place of posting and; (ii) The impugned order had been issued on the basis of a D.O. note at the instance of respondent No.4, who had been brought in place of the petitioner from Patwar Circle Dulahar, Sub Tehsil Pukhri, District Chamba. It is relevant to notice here that respondent No.4 was served. He attended the hearing on 29.07.2025 and stated that reply filed by respondents No.1 to 3 be treated as his reply. 3. Respondents No.1 to 3 in their reply have not denied petitioner’s allegations of impugned transfer having been effected only on the basis of a D.O note. Reply, though gives incumbency chart of the petitioner, but not that of - 3 - respondent No.4. Be that as it may. Petitioner’s incumbency chart has been highlighted by the respondents to convey that under the impugned order, petitioner has been transferred to Patwar Circle Dulahar, Chamba which is merely at a distance of 20 K.Ms. from her permanent home. 4. This assertion has been effectively countered by learned counsel for the petitioner by submitting that on account of matrimonial discord, petitioner is residing with her parents. Her permanent home is at village Drabla, P.O. Uteep, Tehsil and District Chamba, H.P., which is at a distance of 47 K.Ms. from the transferred station. It was further submitted that and is also borne out from the instructions dated 05.09.2025, placed on record by respondent No.2 (Director, Land Records) that post of Patwari earlier constituted District Cadre and it was only under notification dated 22.02.2025, posts were brought in State Cadre. In view of this, previous incumbency position, in any case cannot be taken against the petitioner. The grounds put-forth by the petitioner, assailing her transfer, are - 4 - bonafide and could not be refuted by the respondents. 5. Consequently, this writ petition is allowed. Impugned office order dated 30.06.2025 (Annexure P-1) is quashed and set aside qua the petitioner and respondent No.4. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua Judge November 13, 2025 R.Atal