Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 15508 of 2026
Decided on : 7
th September
, 2026
Madan Mohan ...Petitioner.
Versus State of H.P. & Ors. ....Respondents.
Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Sanjeev Kumar Motta, Advocate, vice Mr. Vikas Rajput, Advocate. For the respondents: Ms. Seema Sharma, Deputy Advocate General.
Jyotsna Rewal Dua, Judge. Notice. Ms. Seema Sharma, learned counsel appears and waives service of notice on behalf of the respondents-State.
2. Pursuant to the directions issued in Shri Chandermani versus State of H.P. and others2, respondent No.2 passed consideration order on 02.09.2026, adjusting/transferring Shri Chandermani at GMS Ghatasani, District Mandi, and the petitioner, who was serving at GMS Ghatasani, was vice versa transferred to GHS Balh, District Mandi.
3. Petitioner takes exception to the aforementioned
consideration order dated 02.09.2026. Order has been assailed primarily on the ground that petitioner has already served hard/sub cadre area of 1 Whether reporters of the local papers may be allowed to see the judgment? 2 CWP No. 10990 of 2026, decided on 06.07.2026
2 GSSS Kutgarh, District Mandi, for the requisite tenure, therefore, he could not have been transferred to GHS Balh, District Mandi, which is again a hard/ sub-cadre area. However, during hearing of the case, learned counsel for the petitioner fairly admitted that petitioner has completed his normal tenure of about 3 years at GMS Ghatasani, District Mandi. This being the position, petitioner's transfer from GMS Ghatasani cannot be faulted. However, petitioner's transfer to GHS Balh, District Mandi is required to be considered afresh by the respondent as according to the petitioner, the aforesaid place is a hard/sub- cadre area in terms of applicable transfer policy and the petitioner having already served in the hard/sub cadre area cannot be posted there again.
4. In view of above, this writ petition is disposed of with direction to respondent No.2/competent authority to consider the case of the petitioner for transfer afresh in accordance with law. The order be passed within 4 days from today in accordance with law and as per applicable policy. The decision so arrived at shall be communicated to the petitioner. Till such time, petitioner shall not be compelled to join at GHS Balh. Pending applications, if any, also stand disposed of.
Jyotsna Rewal Dua Judge 7th September, 2026.
(jai)