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2026 DAILYLAW 2440 (HP)

JAGDISH CHAND v. STATE OF HP AND ORS

CWP/2743/2026 · 2026-03-10

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:6454 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2743 of 2026 Decided on: 10.03.2026 Jagdish Chand …….Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : M/s Sunit Dutt Gautam and Harmohan Thakur, Advocates. For the respondents : Ms. Leena Guleria, Deputy Advocate General for respondents – State. Ajay Mohan Goel, Judge (Oral) Notice confined to respondents No. 1 to 3. Ms. Leena Guleria, learned Deputy Advocate General, accepts notice on behalf of said respondents. 2. The petitioner is aggrieved by the office order dated 03.03.2026 (Annexure P-1), in terms whereof, he has been transferred from GMS Chabyoga Majher under Complex GSSS Sarsoo to GSSS Jadol Taproli. 3. On a query put to learned Counsel for the petitioner, the Court has been informed that the petitioner has completed more 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:6454 than five years at his present place of posting, i.e. at GMS Chabyoga Majher, however, the contention of learned Counsel is that the impugned transfer order is bad as private respondent has been able to obtain the transfer order on the basis of a D.O. Note. 4. This Court is of the considered view that as the petitioner has already completed more than five years at his present place of posting, he cannot claim stay of his transfer, be it on the basis of a D.O. Note. 5. At this stage, as prayed for, without interfering with the impugned transfer order, this petition is disposed of with the direction that the petitioner shall be at liberty to approach the Authority for his adjustment at some other place of his choice by way of a representation within one week from today and appropriate order thereupon shall be passed by the Authority within three weeks from the date of receipt of the representation. Till decision on the representation, the petitioner shall not be forced to join the duties at GSSS Jadol Taproli and he may be allowed to avail the leave of kind due. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge March 10, 2026 3 2026:HHC:6454 (narender)