IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 15205/2026 Decided on: 03.09.2026 Pitamber Lal …Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Arun Kaushal, Advocate. For the respondents: Mr. L.N. Sharma, Additional Advocate General. Jyotsna Rewal Dua, J Petitioner is serving as Junior Basic Trained Teacher in the respondents-Education Department. He was posted as such at Government Primary School Tarayal, Education Block Aut. In terms of the decision taken by the respondents, as contained in office letter dated 18.06.2026 (Annexure P-1), Government Primary School Tarayal was merged with Government Primary School Daral. The petitioner preferred a representation on 24.06.2026 (Annexure P-2), seeking his adjustment either at Government Primary School Nagwain (Centre of Excellence), Education Block Aut, District Mandi, or Government Primary School Dharbagodh, Education Block Aut, 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 District Mandi. The respondents did not decide the representation, instead, vide office order dated 15.07.2026, the petitioner was transferred to Government Primary School Thach Kuther, Education Block Serah-II. 2. Feeling aggrieved, petitioner preferred Pitamber Lal Vs. State of H.P. & Ors.2 which was disposed of with directions to the respondents to decide petitioner’s representation dated 24.06.2026. 3. Petitioner’s instant grievance is against the consideration order passed by the respondents on 11.08.2026, pursuant to the directions issued in Pitamber Lal2. In terms of the consideration order, petitioner’s representation has been rejected on the ground that, in case of petitioner’s transfer from Government Primary School Thach Kuther, Education Block Seraj-II, the said school would become teacher-less school, which, in turn, would affect the studies of 20 students. Upon notice having been issued in this writ petition, learned Additional Advocate General has placed on record office instructions dated 02.09.2026 and submits that the same be treated as reply to the writ petition. The office instructions are to the same effect as the order impugned in this writ petition:- Petitioner’s impugned transfer has been justified in view of the academic interest of 20 students enrolled at Government Primary School Thach Kuther. 2 CWP No 12285 of 2026 decided on 23.07.2026 3 4. Learned counsel for the petitioner has invited attention to Annexure P-3 dated 27.06.2026, wherein the Block Elementary Education Officer, Aut at Thalout, District Mandi, has given the status of the schools where the petitioner has sought her transfer/adjustment. As per this document, Government Primary School, Nagwain, is an institution of excellence. Government Primary School, Khinni, is also a teacher-deficient school, whereas Government Primary School, Dharbagodh, is stated to be occupied by a physically disabled teacher. Learned counsel for the petitioner also submitted that, on account of the merger of the two schools i.e. Government Primary School, Tarayal, & Government Primary School, Daral, the transfer/adjustment of the teaching and non-teaching staff in respect of the merged school is governed by the guidelines circulated vide office letter dated 17.08.2024 (Annexure P-9). The relevant portion of the guidelines reads as under:- “Subject- Guidelines for the shifting of existing students, teaching & non-teaching staff, office record, infrastructure etc. In respect of marged GPS/GCPS/GMS and de-notified GPS/GCPS/GMS. Sir, I am directed to refer to the subject indicated above and to say that Government has notified the merger of GPS/GCPS/GMS schools (having 5 or less than five student enrolment) with the nearest schools and also de-notified GPS/GCPS/GMS having zero student enrolment. In this regard, for shifting of existing students, teaching & non-teaching staff, infrastructure office record and other stock 4 items etc. of these merged/de-notified schools, following directions/instructions are issued :- 1. Shifting of Existing Staff: 1.1 The Existing teachers posted (in these Schools shall be transferred to the nearby Institution of Excellence or Schools with large enrolment against vacancies. In case of Institutions of Excellence. If the sanctioned posts are less than five, the teacher may be transferred along with the post. However, not more than five teachers shall be posted in an IoE, except if it is required as per minimum PTR norms. The shove shifting/transfers, will be done with prior approval of Government/Secretary & thus a proposal be sent to this effect immediately. 1.2 The services of Multi-Task Worker /Water Carrier shall remain at the disposal of concerned BEEOS…….” To a query of the Court, learned Additional Advocate General, on the basis of instructions imparted to him, submitted that the above guidelines are still in force. That being the position, in view of the admitted fact that the petitioner has been transferred from Government Primary School, Tarayal, Education Block Aut, to Government Primary School, Thach Kuthed, only on account of the merger of Government Primary School, Tarayal, with Government Primary School, Daral, the respondents are directed to reconsider petitioner's representation for his adjustment, keeping in view the guidelines circulated by them on 17.08.2024 (Annexure P-9), as also the incumbency and status of the school where the petitioner has sought her adjustment, as reflected in office letter dated 27.06.2026 5 (Annexure P-3). This exercise be now undertaken within one week from today. The order so passed be also communicated to the petitioner. It shall be open for the petitioner to avail the leave of kind due till the decision on the representation. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 3rd September, 2026(rohit)