2026:HHC:28537 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 10217 of 2026 Decided on : 13.07.2026 Rajesh Kumar …Petitioner Versus Himachal Road Transport Corporation & another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 yes For the petitioner : Mr. Rakesh Kumar Dogra, Advocate For the respondents : Mr. V.S. Kanwar, Advocate ___________________________________________________________ Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the modification of order dated 27.04.2026 (Annexure P-3), in terms, whereof, he has been transferred from Tara Devi Unit to Nagrota Bagwan Unit, on a representation filed by him, claiming his transfer on medical ground. The contention of the petitioner is that the said station is not suitable on account of his medical condition and he may be transferred to Mandi. 2. Today, learned counsel for the Corporation has handed over instructions received from Divisional Manager, (Admin), HRTC, Shimla, H.P, dated 08.07.2026, which read as under:- “Earlier, Sh. Lalit Kumar, Junior Auditor, who was shown posted at Divisional Workshop, HRTC, Mandi, was subsequently transferred/adjusted to HRTC, Mandi unit due to the non-availability of a sanctioned post/vacancy at Divisional Workshop, HRTC, Mandi. Consequently, no vacancy exists at Divisional Workshop, HRTC, Mandi, 1Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:28537 against which the petitioner can be posted.” 3. Learned counsel for the petitioner, on the other hand, submitted that the vacancies of the post in issue are available at Mandi. 4. Having heard learned counsel for the parties and having perused the pleadings as well as documents on record, this Court is of the considered view that no relief, as is being prayed for, can be granted to the petitioner who is 49 years old man and who, in terms of his request, has been transferred from Shimla to Nagrota Bagwan in terms of Annexure P-3. The contention of the petitioner that due to his back pain, Nagrota Bagwan is not suitable and that he should be transferred to Mandi is without merit. Where an incumbent has to be posted is the prerogative of the employee, of course, if the prerogative is arbitrarily exercised by the employer, then the High Court intervens under Article 226 of the Constitution of India. A perusal of Annexure P-3 demonstrates that in terms thereof, the petitioner was transferred to Nagrota Bagwan, in the light of the medical condition, on account whereof, the Competent Authority transferred him from Shimla to Nagrota Bagwan, being a place with a warm climate. 5. This Court can take judicial notice of the fact that Nagrota Bagwan is a plain area, hardly 15 to 20 Kms away from Dr. Rajender Prasad, Government Medical Collage, Kangra at Tanda. Neither, the said area is a hilly area nor it is a cold area or a snow bound area. It appears that the petitioner on account of his belonging to Mandi, wants to be 3 2026:HHC:28537 posted at Mandi, which cannot be ordered. The petitioner having failed to demonstrate that his posting at Nagrota Bagwan is either arbitrary or an act of colurable exercise of powers, cannot call upon this Court to issue a mandamous to post him at a station, which as per him is suitable. 6. Therefore, in the light of the above discussions, as this Court does not find any merit in this petition, the same is dismissed. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 13, 2026 (meera)