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High Court of Himachal Pradesh · body

2026 DAILYLAW 24888 (HP)

DINESH KUMAR SHARMA v. THE STATE OF HP AND OTHERS

CWP/17021/2026 · 2026-09-28

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 17021/2026 Decided on: 28.09.2026 Dr. Dinesh Kumar …..Petitioner Versus State of H.P. & Ors. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. Yuyutsu Singh Thakur, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, J Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accepts notice on behalf of the respondents. 2. The petitioner is serving as Assistant Professor (Economics) at Government Degree College, Haripur Guler, District Kangra. He has assailed the notification dated 23.09.2026, whereby he has been transferred to Government Degree College (GDC), Hamirpur. Learned counsel for the petitioner submits that even though the petitioner has been relieved pursuant to the impugned notification, no other officer has joined in his place and no one has been posted against the post held by the petitioner, thus, the vacancy at GDC Haripur Guler is still available. 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 3. The transfer has been assailed primarily on the ground that the petitioner is to superannuate on 31.05.2027 and just about eight months are left in his retirement. It has also been urged for the petitioner that his mother is presently undergoing treatment for cancer at Chandigarh and the transfer at this stage would otherwise disturb the petitioner, in view of his family responsibilities and impending retirement. 4. Keeping in view petitioner's impending retirement, this writ petition is disposed of with liberty reserved to the petitioner to represent to respondent No. 1/competent authority within two weeks, seeking his accommodation/adjustment. In case such representation is made, the same shall be considered and decided by respondent No. 1/competent authority, within two weeks thereafter, in accordance with law and keeping in view the applicable clauses of the transfer policy, including Clause 5.5 of the Transfer Policy, which provides concession to employees who are due to retire within two years. Till the decision on the representation, the petitioner shall be permitted to continue to serve at Government Degree College, Haripur Guler, District Kangra. It goes without saying that the protection granted to the petitioner under this order shall stand vacated in case no representation within the timeline indicated above is preferred by the petitioner. The order so passed be also communicated to the petitioner. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 28th September, 2026(rohit)