2026:HHC:25828 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 1260 of 2026. Decided on : 1 st July, 2 026. Rajesh Kumar Kapila ...Petitioner. Versus State of H.P. & Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 Yes. For the Petitioner: Mr. Subhash Sharma, Senior Advocate Mr. Mohan Kumar, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral). By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “i. That a writ in the nature of certiorari may kindly be issued and the Notification dated 12.01.2026 Annexure P-3 may kindly be set aside. ii. That a writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to allow the petitioner to complete his normal tenure at Sub Division, HPPWD Sujanpur, where he was posted vide Notification Annexure P-1 in the interest of law and justice. ” 1 Whether reporters of the local papers may be allowed to see the judgment? 2  2026:HHC:25828 2. The petitioner, who is presently serving as Assistant Engineer and is 57 years old, is aggrieved by notification dated 12.01.2026, Annexure P-3, in terms whereof, he has been transferred from HPPWD Sub Division Sujanpur to HPPWD 8th Circle, Hamirpur. 3. Mr. Subhash Sharma, learned Senior Counsel appearing for the petitioner has argued that the petitioner was posted at Sub Division Sujanpur vide notification dated 12.12.2025, Annexure P-1, on promotion. Thereafter, without any public interest involved or administrative exigency being there, in terms of notification dated 12.01.2026, Annexure P-3, in less than a month, the petitioner has been transferred to HPPWD 8th Circle, Hamirpur. Learned Senior Counsel submitted that the petitioner is going to superannuate in less than one year and the transfer of the petitioner just within a month of posting is not sustainable in the eyes of law. 3  2026:HHC:25828 4. On the other hand, learned Deputy Advocate General has argued that the transfer of the petitioner is just to a distance of 24-25 kilometers and the petitioner being a Class-I officer is not governed by the transfer policy of the Government. Learned Deputy Advocate General has also argued that earlier the petitioner managed his transfer to HPPWD Sub Division Sujanpur and in light of the said fact, he has now rightly been transferred to HPPWD 8th Circle, Hamirpur. 5. Having heard learned senior counsel for the petitioner as also the learned Deputy Advocate General, this Court does not find any justifiable reason which could have necessitated the issuance of notification dated 12.01.2026, Annexure P-3. It is the matter of record that the petitioner on promotion to the post of Assistant Engineer was posted at HPPWD Sub Division Sujanpur vide notification dated 12.12.2025. The posting order of the petitioner is not a single order, but in terms thereof, 32 incumbents were 4  2026:HHC:25828 promoted against the post of Assistant Engineer and posted at the places mentioned against their names in the said notification. Therefore, it is difficult to believe that the petitioner indeed managed his transfer as is the stand of the State. 6. Be that as it may, otherwise also if it is to be assumed that the petitioner indeed managed his transfer to Sujanpur, it is not understood as to what public interest is now being served by transferring the petitioner from Sujanpur just to a station which is hardly 25 kilometers away from Sujanpur. In fact, it appears that the transfer order has not been issued either on account of administrative exigency or public interest but just to satisfy someones ego. Besides this, dehors that the petitioner happens to be a Class-I employee fact of the matter still is that he is to superannuate in an year and therefore, he has a right now to retire from present place of his posting where his stay 5  2026:HHC:25828 was even less than one month when the impugned transfer order/notification was issued. 7. Therefore, in light of the aforesaid discussion, the petition is allowed and the notification dated 12.01.2026, Annexure P-3 is quashed and set aside. The respondents are directed to permit the petitioner to serve at HPPWD Sub Division Sujanpur till his superannuation until and unless he wishes to be transferred to some other place. Pending applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge 1st July, 2026. (jai)