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2026 DAILYLAW 351 (HP)

PRADEEP SINGH TOMAR v. STATE OF HP AND OTHERS

CWP/4041/2026 · 2026-03-30

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:9261 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4041 of 2026 Decided on: 30.03.2026 Pradeep Singh Tomar … Petitioner Versus The State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Ms. Anamika Kohli, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 to 3. Ajay Mohan Goel, Judge (Oral) Notice confined to respondents No.1 to 3. Mr. Rahul Tahkur, learned Deputy Advocate General, accepts notice on behalf of respondents No.1 to 3. 2. By way of this petition, the petitioner has assailed transfer order dated 23.03.2026 (Annexure P-4), in terms whereof, the petitioner, who is serving as an Assistant Professor (Economics), stands transferred from Government College Paonta Sahib (Sirmour) to Government College, Nahan (Sirmour). The ground of challenge to the transfer is that the petitioner has a nine years old son, who is suffering from Autism Spectrum Disorder. 3. This Court is of the considered view that in light of the fact that the petitioner has been transferred to Paonta Sahib to Nahan, which is neither a remote nor a tribal or a difficult area, but in terms of medical facilities is better than Paonta as there is a 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:9261 Government Medical College at Nahan, obviously, the transfer of the petitioner to the said station cannot be construed as a transfer to an area where it might not be possible for the petitioner to look after his child. Besides this, the Court stands informed that the petitioner was posted at Paonta Sahib in the year 2022, this means that he has already his normal tenure of more than three years at the said station. The petitioner is holding a State Cadre Post and therefore also, transfer of the petitioner from Paonta Sahib to Nahan, which is just at a distance of about 40 Kilometers, cannot be called as an arbitrary or discriminatory act. 4. Accordingly, the petition is dismissed, so also the pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge March 30, 2026 (Rishi)