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2026 DAILYLAW 12403 (HP)

PAWAN KUMAR v. THE STATE OF HP AND OTHERS

CWP/9757/2026 · 2026-06-18

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:23023 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 9757 of 2026 Decided on: 18.06.2026 Pawan 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 : Mr. Sandeep Sharma, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General for respondent No. 1. : Mr. Hamender Singh Chandel, Advocate for respondents No. 2 and 3. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General and Mr. Hamender Singh Chandel, learned Counsel, accept notice on behalf of respondents. 2. The petitioner herein is aggrieved by the rejection of his representation seeking transfer from his present place of posting, which is in a tribal area to a soft area. The representation of the petitioner has been rejected on the ground that there is complete ban on the transfers imposed by the Department of Personnel, Government of Himachal Pradesh. A perusal of the pleadings demonstrates that the petitioner is serving at Reckong Peo as an Assistant Engineer (F&A) since the year 2019. That being the case, 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:23023 obviously, as now the petitioner has completed more than five years in a tribal area, he has legitimate expectation of being transferred out of the said station and posted in a soft area. 3. Accordingly, in light of the fact that the respondent- employer, while rejecting the representation of the petitioner, has observed that the case of the petitioner for transfer shall be considered after the ban on transfers is lifted, this petition is disposed of with the direction that the Authority concerned shall consider the case of the petitioner for his transfer out of the present place of posting and post him at some other station by passing appropriate order within a period of four weeks from today. It is clarified that ban imposed on the transfers shall not come in the way of the Authority in passing appropriate orders. This Court is not oblivious of the fact that the transfer of the petitioner may entail transfer of some other incumbent and plea of imposition of ban on transfers shall not come in the way of the authority in doing the needful in this regard. With these observations, this petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 18, 2026 (narender)