2026:HHC:21928 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9001 of 2026 Decided on: 04.06.2026 Uploaded on: 04.06.2026 Chetna …….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 : Mr. Chander Shekhar Thakur, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General for respondents- State. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:- “i) Issue a Writ of Certiorari to quash and set-aside the impugned letter/order dated 01.06.2026 (Annexure P-3) issued by Respondent No. 4, being arbitrary, illegal, malafide, ultra vires, and without jurisdiction; (ii) Issue a Writ of Mandamus directing the Respondents, particularly Respondent No. 4, to give full effect to the Transfer Order dated 24.03.2026 (Annexure P- 1) issued by Respondent No. 2, and to accept and act upon the Joining Report of the Petitioner at GSSS Phagli, Shimla, forthwith in the interest of justice and fair play.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:21928 2. The grievance of the petitioner is that she was transferred from GSSS, Tharola (Shimla) to GSSS Phagli (Shimla) vide transfer order dated 24.03.2026. In terms of Annexure P-3, after the Model Code of Conduct was lifted, she submitted her joining at GSSS Phagli, Shimla, which was initially accepted but subsequently was recalled on the ground that the Model Code of Conduct was still in force. 3. Learned Counsel for the petitioner submitted that recalling the joining of the petitioner is not sustainable in law as once the Mode Code of Conduct is lifted, the Principal of the School could not have recalled the joining of the petitioner, as has been done in terms of Annexure P-3. He submitted that as the Principal is not the Authority, which is authorised to pass transfer orders, she could not have further ordered recall of the joining of the petitioner. 4. Learned Additional Advocate General, though, tried to justify the order but he could not deny the fact that Model Code of Conduct was lifted on the date in issue. 5. Having heard learned Counsel for the petitioner as also learned Additional Advocate General and having also carefully perused the documents appended with the petition, this Court is of the considered view that once the Model Code of Conduct, which was imposed in the State on account of the Panchayati Raj Elections, was lifted, there was no embargo in petitioner’s joining at GSSS, Phagli and the act of the Principal of the school concerned, of 3 2026:HHC:21928 recalling the order of joining of the petitioner is not sustainable in law. The Principal having allowed the petitioner to join her new place of posting, could not have recalled the order. This is more so when the Model Code of Conduct stood lifted before the joining of the petitioner. Accordingly, this petition is allowed by quashing Annexure P-3 and the Principal concerned is directed to allow the petitioner to join at GSSS, Phagli, Shimla, by treating her joining to be with effect from 01.06.2026 for all intents and purposes. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 04, 2026 (narender)