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2026 DAILYLAW 17323 (HP)

PAWAN KUMAR v. State of Himachal Pradesh

CWP/12330/2026 · 2026-07-23

Ajay Mohan Goel

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.12330 of 2026 Decided on 23th July 2026 Pawan Kumar …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: Mr. Ashok Kumar, Advocate. For the respondents: Mr. R.P. Singh, 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 the impugned order dated 14.07.2026 contained in Annexure P-2 may kindly be quashed and set aside. ii. That the respondents may kindly be directed to consider and decide the representation of the petitioner dated 15.07.2026 contained in Annexure P-4 by posting/transferring the petitioner to the stations of his choice within time bound period.” 2. Learned counsel for the petitioner submits that the petitioner, who is serving as a JBT teacher at GPS Khund, Education Block Bharmour, which is a tribal area, stands 2 transferred in terms of impugned Annexure P-2 to GPS Banog, Education Block Bharmour. 3. Learned counsel submits that the transfer of the petitioner is from a tribal area to another tribal area. His limited prayer is that in case the petitioner has to be transferred, then he has to be transferred in terms of the policy to some soft area and, if possible, he has to be adjusted at a station of his choice. He has also submitted that the petitioner has otherwise filed a representation (Annexure P-4) stating his station of choice. 4. Accordingly, as prayed for, this petition is disposed of with the direction that in case the respondents intend to transfer the petitioner from his present place of posting, i.e., GPS Khund, then, he be transferred to a non-tribal area and preferably to a station mentioned by the petitioner in his representation (Annexure P-4) dated 15.07.2026. The authority is at liberty to do the needful within six weeks from today. 5. The authority is also at liberty to permit the petitioner to continue at Khund if it so desires. Till appropriate decision is taken by the authority on the representation of the petitioner, the operation of the impugned transfer order qua the 3 petitioner shall remain stayed and he shall be allowed to continue to serve at GPS Khund, as none has been posted in his place. 6. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 23, 2026 (Vinod)