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2026 DAILYLAW 1099 (HP)

VINOD KUMAR v. STATE OF HP AND OTHERS

/1895/2026 · 2026-02-24

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:3910 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1895 of 2026 Decided on : 24.02.2026 Sh. Vinod Kumar …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : M/s Abhishek Nagta and Hitansh Raj, Advocates. For the respondents : Ms. Leena Guleria, Deputy Advocate General, for respondents No.1 to 4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has assailed transfer order dated 13.02.2026, in terms whereof, the petitioner, who is serving as a Senior Assistant, has been transferred from Jal Shakti Sub-Division Puruwala under Jal Shakti Division Paonta Sahib to Jal Shakti Circle Nahan, in place of the private respondent. 2. According to the petitioner, the impugned transfer is 1Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:3910 not sustainable in the eyes of law as the private respondent was transferred on the basis of a DO Note. 3. On a query put to the learned counsel for the petitioner, learned counsel informed the Court that before the petitioner was posted at Puruwala, where the stay of the petitioner is being stated to be of about eight months, he was posted at Paonta Sahib, which station is stated to be at a distance of 14 kms from Puruwala. The Court was further informed that the petitioner had completed his normal tenure at Paonta Sahib. 4. The above demonstrates that the petitioner has completed his normal tenure of more than three years within the vicinity of Paonta Sahib and Puruwala and in these circumstances, this Court is of the considered view that the transfer of the petitioner to Nahan, which otherwise is also the District Headquarter, cannot be termed to be arbitrary. 5. Learned counsel for the petitioner further submitted that the reason as to why the petitioner was intending to stay at Puruwala was that his wife has certain medical issues and she is undergoing treatment at CH Paonta Sahib. 3 2026:HHC:3910 6. This Court is of the considered view that in light of the fact that there is a Medical College at Nahan, there is no dearth of good medical facilities at Nahan and on this count, the transfer cannot be held to be arbitrary. 7. At this stage, learned counsel for the petitioner further submitted that this petition may be disposed of with the observation that after joining at Nahan, the petitioner be given liberty to approach the Authority for his adjustment at some other station. 8. This petition is accordingly disposed of without interfering within the impugned order, but with liberty to the petitioner that if after he joins at Nahan, he approaches the Authority by way of a representation for his adjustment at some other station, the same be considered and decided, as per law and Policy. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge February 24, 2026 (Shivank Thakur)