IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2444 of 2024 Date of decision: 28.02.2025 Naveen Soni. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Mukul Sood, Advocate. For the respondents : Ms. Menka Raj Chauhan, Deputy Advocate General, for respondent No.1 & 2-State. Jyotsna Rewal Dua, Judge Petitioner, serving as Trained Graduate Teacher (Non-Medical) in the respondent-Education Department, feels aggrieved against the order dated 16.03.2024, whereby he has been transferred from GMS Balh u/c GSSS (Girls), Hamirpur to GHS Sehrol, District Solan. 2. Admitted factual position is that:- 2(i). Petitioner joined the services of the respondent- Department in the year 2019 and was posted in hard/tribal area of GSSS Triloknath, District Lahul & Spiti. 2(ii). After serving the tribal area for more than three years and six months, petitioner was transferred to a soft 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- area on 03.08.2022. The soft area, where petitioner was transferred, i.e. GMS Manihal, District Hamirpur, was not of petitioner’s choice. At petitioner’s request, he was further adjusted at GMS Balh U/C GSSS (Girls) Hamirpur on 15.03.2023, where he joined on 17.03.2023. 2(iii). Under impugned transfer order dated 16.03.2024, petitioner was transferred to GHS Sehrol, District Solan. Pursuant to interim order passed on 21.03.2024, petitioner is continuing to discharge his duties at GMS Balh U/C GSSS (Girls) Hamirpur. Respondent No.3 stands served, however has not chosen to contest the petition. 3. Learned counsel for the petitioner contended that petitioner has not been allowed to complete his normal tenure at GMS Balh U/C GSSS (Girls) Hamirpur. That petitioner has been transferred on the basis of D.O./U.O. Note dated 08.02.2024. 4. Respondents in their reply have justified petitioner’s transfer by pleading that petitioner had been serving within a radius of 15 kms w.e.f. 22.09.2022. 5. Learned counsel for the petitioner contends that petitioner’s stay at GMS Manihal, District Hamirpur (w.e.f. -3- 22.09.2022 – 15.03.2023), cannot be taken into account as petitioner was posted at this place after completing his normal tenure at hard/tribal area, but without giving choice station of posting, and it was for this reason, the petitioner was adjusted at GMS Balh U/C GSSS (Girls) Hamirpur on 17.03.2023. Be that as it may. However, even if petitioner’s stay at GMS Manihal, District Hamirpur is taken into consideration, then also petitioner had not completed his normal tenure of three years, when he was transferred under the impugned order on 16.03.2024. The respondents have also not denied that impugned order transferring the petitioner was issued on the basis of a D.O. Note. 5. Hence, there is merit in the petition. The same is accordingly allowed. The impugned order dated 16.03.2024 (Annexure P-4) qua the petitioner and respondent No.3, is quashed and set aside. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua 28th February, 2025 Judge (Pardeep)