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2026 DAILYLAW 13127 (HP)

VINOD SINGH v. THE STATE OF HP AND OTHERS

CWP/10055/2026 · 2026-06-24

Ajay Mohan Goel

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10055 of 2026 Decided on 24th June, 2026 Vinod Singh …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: M/s Vivek Thakur and Vijay Mokhta, Advocates. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Issue notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. 2. The petitioner is aggrieved by order dated 03.06.2026, (Annexure P-1), in terms whereof, the representation of the petitioner for his transfer from his present place of posting i.e. GPS Banog, which is in a tribal area stands rejected on the ground that as the petitioner was the sole Teacher in the School where nine students are enrolled, his transfer would leave the School without a Teacher. 3. This Court is not satisfied with the reasoning that has been assigned in the order, in terms whereof, the representation of the petitioner for his transfer from the tribal area has been rejected. It is not in dispute that the petitioner is serving in the said School since 19.12.2022 and has completed his normal tenure at the present place of posting. Once the petitioner has completed his normal tenure in a tribal area, it is the duty of the Department to ensure that he is transferred out of the said station and preferably posted at a station of his choice in terms of the policy of the Government and some other Teacher is posted in place of the petitioner. It is not understood as to why the Department cannot transfer some other Teacher in place of the petitioner to the School, wherein, the petitioner is presently serving. If the Department finds itself powerless to send another incumbent to a tribal area, this does not mean that the petitioner is now bound to serve in the tribal area for an infinite period of time. 4. Accordingly, this petition is disposed of with the direction that the petitioner be transferred out of the present place of posting within four weeks from today and, obviously, the Department can appoint some other incumbent in place of the petitioner in the School, where, the petitioner is working. 5. For compliance, list on 17.07.2026. (Ajay Mohan Goel) Judge June 24, 2026 (Vinod)