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2026 DAILYLAW 22752 (HP)

NARESH KUMAR v. THE STATE OF HP AND OTHERS

CWP/15873/2026 · 2026-09-11

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.15873 of 2026 Decided on: 11th September, 2026 ------------------------------------------------------------------------------------- Naresh 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. Virender Sharma and Mr. Sushil Chauhan, Advocates. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents. 2. Petitioner is serving as Head Teacher and feels aggrieved against office order dated 07.09.2026 (Annexure P-1), that transfers him from GPS Panhera, Education Block Sunni to GPS Kyar Dhalla, Education Block Mashobra. The impugned office order reflects that the 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 petitioner alongwith one another has been transferred from the aforesaid school towards measures of shifting of staff taken by the respondents in view of zero enrollment in the concerned school. In such situation, transfer of the petitioner from GPS Panhera, Education Block Sunni cannot be faulted. 3. At this stage, learned counsel for the petitioner pointed out that the petitioner has been transferred to a place, which is about 60 kilometers from his native place and he is left with less than two years to retire. That the petitioner is due to superannuate on 31.05.2027. 4. Keeping in view the impending retirement of the petitioner, this writ petition is disposed of by reserving liberty to the petitioner to represent to respondent No.2/ competent authority seeking his adjustment. In case such a representation is preferred within a week, the same shall be considered & decided in accordance with law and applicable transfer policy within a period of two weeks thereafter. The decision so arrived at shall also be communicated to the petitioner. Till such time, the petitioner shall be at liberty to avail leave of the kind due. It is, however, clarified that in case the petitioner does not prefer representation within the 3 period indicated above, the limited protection made available to him under this order shall cease to have any effect after one week. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua September 11, 2026 Judge Mukesh