IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11365 of 2026 Decided on: 10.07.2026 Desh Raj Kamal …….Petitioner Versus State of H.P. and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?14 Yes _____________________________________________________ For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respective respondents. 2. The grievance of the petitioner is that in terms of Annexure P-1, notification dated 30.06.2026, the petitioner, who is serving as a Principal (School Cadre), stands transferred from GSSS Bhukkar, District Hamirpur, to GSSS Jarwa Juneli, District Sirmour, H.P. against vacancy. 3. Learned Counsel for the petitioner has submitted that though the stay of the petitioner is complete at the present station, but he is going to superannuate in the month of November, 2026. He submitted that in light of the fact that the petitioner is to superannuate in less than five months, neither any public interest 14 Whether reporters of the local papers may be allowed to see the judgment? is going to be served by disturbing the petitioner nor any administrative exigency shall be met for the reason that someone again will have to be posted at Jarwa Juneli after lapse of five months. He further submitted that in terms of the transfer policy, an incumbent, who is to retire within two years, has to be adjusted at a station of his choice and herein as the petitioner was serving at the station of his choice, there was no occasion for his transfer. 4. Learned Additional Advocate General submitted that in light of the fact that the petitioner has completed his normal tenure at the present station, he has no right to continue to stay at the said station. 5. Having heard learned Counsel for the parties, this Court is of the consideration view that in the backdrop of the facts of this case, the impugned order of transfer is not sustainable. The petitioner is stated to be superannuating in November, 2026. As per transfer policy of the State Government, endeavour is to be made to adjust an incumbent, who is to retire within two years, at the station of his choice as far as possible. 6. In the present case, the petitioner is serving at GSSS Bhukkar, which as per the petitioner, is the station of his choice. That being the case, it is not understood as to what public purpose is going to be served by transferring the petitioner from GSSS Bhukkar, to GSSS Jarwa Juneli, just for a period of five months. Even if this order is given effect to, after the retirement of the petitioner in November, 2026, someone has to be posted at GSSS Jarwa Juneli. Prudence demands that someone with longer length of service should have been posted at said station, rather than disturbing the petitioner, who is on the verge of superannuation. 7. Obviously, as the above demonstrates that the transfer order has been passed without any due application of mind, the same is quashed qua the petitioner, with further direction to the respondents that the petitioner shall be allowed to continue to serve at GSSS Bhukkar, District Hamirpur, H.P. till his superannuation. This order is being passed more so in light of the fact that the impugned notification, none has been posted in place of the petitioner at GSSS Bhukkar, District Hamirpur. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 10, 2026 (narender)