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2026 DAILYLAW 21920 (HP)

SURINDER KUMAR v. THE STATE OF HP AND OTHERS

CWP/7447/2026 · 2026-09-07

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7447 of 2026 Decided on: 7th September, 2026 ------------------------------------------------------------------------------------- Surinder Kumar …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vishwa Bhushan, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner is serving as Lecturer (Chemistry) in the respondent-Education Department. His grievance is to the office order dated 23.04.2026 (Annexure P-2), transferring him from GSSS (Boys) Arki, District Solan to GSSS Navgaon, District Solan. 2. Heard and considered the case file. 3. Petitioner was posted at GSSS (Boys) Arki, District Solan in August, 2025. In terms of the reply filed by the respondents, the petitioner was transferred to GSSS 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 Chandesh, District Mandi under office order dated 18.04.2026. Petitioner was not relieved from GSSS (Boys) Arki as the Principal of the concerned school had informed the concerned quarters about the post of Lecturer (Chemistry) lying vacant in the said institute since 16.09.2022 and it having been filled up in August, 2025 on petitioner’s joining at the said school. In view of petitioner’s transfer to GSSS Chandesh within a period of eight months of his posting at GSSS (Boys) Arki, a meeting of the School Management Committee was called on 20.04.2026, wherein, it was decided not to relieve the petitioner. The transfer order of the petitioner was modified on 23.04.2026 and he was adjusted at GSSS Navgaon. As per the reply, petitioner was again not relieved by respondent No.3 for the reasons noticed earlier. Petitioner submitted a representation against his non-relieving, pursuant to which, respondent No.4-the Principal, GSSS (Boys) Arki relieved the petitioner on 09.06.2026. Consequently, petitioner joined at GSSS Navgaon the same day, i.e. on 09.06.2026. Reply also states that the petitioner though belongs to State cadre, but has remained posted in District Mandi ever since 2017. 3 4. During hearing of the case, learned counsel for the petitioner apprised that prior to petitioner’s posting at GSSS (Boys) Arki, he was posted at GSSS Chandesh. The facts pleaded in the reply have not been rebutted by the petitioner. Keeping in view the stand of the respondents as also the fact that the petitioner has since joined at GSSS Navgaon, District Solan on 09.06.2026, no interference with the impugned office order is called for. Accordingly, the present writ petition is dismissed alongwith pending miscellaneous application(s), if any. Jyotsna Rewal Dua September 07, 2026 Judge Mukesh