IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.138 of 2025 Decided on: 4th January, 2025 ------------------------------------------------------------------------------------- Parveeen Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Subhash Chander, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, for respondents No.1 to 3-State. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge In this writ petition filed on 02.01.2025, petitioner assails order dated 02.03.2024, whereby he was transferred from GPS Malla-II, Education Block Mehla-I to GPS Chakki, Education Block Sihunta, District Chamba and also the order dated 19.04.2024, whereby his representation against the aforesaid transfer order was rejected. 2. Petitioner preferred CWP No.2300 of 2024 with the prayer that since he had already served in sub- 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 cadre/difficult area, therefore, his representation dated 11.12.2023 for transfer from the sub-cadre/difficult area be directed to be decided within a time bound schedule. The writ petition was disposed of on 20.03.2024 with a direction to respondent No.2 to decide the representation of the petitioner within three weeks. Petitioner thereafter preferred a Contempt Petition, bearing COPC No.106 of 2024, alleging disobedience of the directions issued in Parveen Kumar Versus State of H.P. & Ors.2. While considering the contempt petition, the Court noticed order dated 19.04.2024 passed by the respondents rejecting petitioner’s representation. Relevant portion of order dated 19.04.2024 reads as under:- “As per the representation of the petitioner Shri Parveen Kumar, JBT who is presently under orders of transfer from GPS Malla-II, E/B Mehla-I to GPS Chakki, E/B Sihunta, District Chamba submitted to the undersigned on 20.03.2024, accordingly comments were sought from the Deputy Director of Elementary Education, Chamba, District Chamba. On perusal of comments/proposal submitted by the concerned DDEE on 16.04.2024, it reveals that the petitioner Shri Parveen Kumar, JBT was transferred from GPS Malla to GPS Chakki against vacancy with the prior approval of competent authority. Shri Parveen Kumar, JBT working at GPS Malla since 25.03.2006 and has completed his normal tenure in the said school. Moreover, the petitioner has been transferred from his present place of posting i.e. GPS Malla-II from the first time during his entire service period and transfer/posting of a teacher at his choice of station is not a matter of right, since, the 2 CWP No.2300 of 2024, decided on 20.03.2024 3 post of JBT is District cadre post and can be transferred/posted anywhere within the District. The petitioner has requested to adjust him against any one vacant post at GPS Halel/GPS Bathri/GPS Bakani/GPS Thared/GPS Goth, against vacancy. In view of above facts, the representation of the petitioner is examined after due consideration and stands rejected. Hence, petitioner is hereby directed to join his duties at his new transferred place of posting i.e. GPS Chakki E/B Sihunta with immediate effect. The representation stands disposed off accordingly.” 3. Petitioner complied with the aforesaid order dated 19.04.2024 and joined at his new transferred place, i.e. GPS Chakki, Education Block Sihunta, District Chamba, in August, 2024. As noticed above, taking note of the above extracted order dated 19.04.2024, COPC No.106 of 2024 was disposed of on 16.07.2024, reserving liberty to the petitioner to assail the order dated 19.04.2024 in accordance with law in case he felt aggrieved. The petitioner did not assail the order. Almost nine months later, the petitioner has now instituted this writ petition, assailing the order dated 02.03.2024, whereby he was transferred from GPS Malla-II, Education Block Mehla-I to GPS Chakki, Education Block Sihunta, District Chamba as also the order dated 19.04.2024, rejecting his representation against the aforesaid transfer. The main point raised for the petitioner is that petitioner’s transfer was on the basis of a U.O. note. 4 4. Be that as it may. It is too late in the day for the petitioner to assail the above orders, which were issued in the months of March and April, 2024. Despite the opportunity given to the petitioner in the order dated 16.07.2024, disposing of COPC No.106 of 2024, the petitioner did not lay challenge to the aforesaid orders. The petitioner is now estopped from contesting the said orders. He has already joined at the transferred station and is working there for past more than five months. The reliefs claimed for by the petitioner have been rendered infructuous with the efflux of time. In view of above, there is no merit in this writ petition. The same is accordingly dismissed alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua January 04, 2025 Judge Mukesh