Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.15086 of 2026
Decided on: 1st September, 2026 ------------------------------------------------------------------------------------- Brij Lal
…..Petitioner
Versus
State of H.P. and another
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Kul Bhushan Khajuria, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Heard. 2. Petitioner was promoted as Principal (School Cadre) on 30.12.2025. He accepted his such promotion. Consequent upon this promotion, vide order dated 02.04.2026, the petitioner was posted at Inspection Cell, Sirmour, where he joined on 06.04.2026. He has now instituted this writ petition seeking decision of his representation dated 07.05.2026, requesting to adjust him as Principal either in District Hamirpur or Bilaspur. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Adjustment has been prayed for on the ground of 100% disability of his son, presently aged about 25 years, by seeking concession as admissible in following sub-para 5.6 of the Comprehensive Guiding Principles-2013:-
“Sub-para 5.6: Concession to officials having differently abled dependents:
The Government employee who has disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints, as far as possible. The word “disabled” includes (i) blindness or low vision (ii) hearing impairment (iii) locomotors disability or Cerebral Palsy (iv) mental illness and (vii) multiple disabilities.”
3. Learned counsel for the petitioner has placed on record incumbency position of the petitioner, which makes it apparent that but for short tenure from April, 2021 to July, 2023 (GSSS Saroh, District Una) and July, 2023 to February, 2024 (as Headmaster at Belardhar, District Mandi), the petitioner has more or less remained posted in District Hamirpur from August, 2004 onwards. It can be presumed that the petitioner might have been accommodated in District Hamirpur by the respondents on account of disability statedly suffered by his son. Petitioner accepted his promotion to the post of Principal (School Cadre) in December, 2025 and accordingly joined as such at Inspection Cell, Sirmour on 06.04.2026. He now again seeks adjustment in District Hamirpur or Bilaspur. 3
Without observing anything further in the matter, this writ petition to stand disposed of. It shall be open for the respondents to decide petitioner’s representation in accordance with law within a reasonable time.
Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua September 01, 2026
Judge Mukesh