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2026 DAILYLAW 3749 (HP)

SUBHASH CHAND v. THE STATE OF HP AND OTHERS

CWP/3645/2026 · 2026-03-24

Ajay Mohan Goel

body2026

Judgment text

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Subhash Chand v. State of H.P. & Anr. CWP No.3645 of 2026 24.03.2026 Present: Ms. Tim Saran, Advocate, for the petitioner. Mr. Pushpinder Jaswal, Additional Advocate General, for the respondents-State. CWP No.3645 of 2026 & CMP No.5272 of 2026 Issue notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents. Reply, if any, within a period of four weeks. List thereafter. The grievance of the petitioner is that in terms of Annexure P-1, the petitioner stands transferred from GPS Bhanwara, Education Block Sijunta to GPS Chakki, Education Block Sihunta, ignoring the fact that the petitioner is to superannuate in the month of February, 2027. On a query put to the learned counsel for the petitioner, the Court stands informed that the petitioner was serving at the present station since 1999. Learned Additional Advocate General on the other hand by referring to Annexure P-1 submits that it is not a case of transfer and the petitioner has been shifted alongwith other teachers on account of the rationalization policy, in terms whereof, teachers are being shifted to Schools where there is a shortage of teachers against vacant post. In light of the fact that the petitioner has been serving at the present station since the year 1999 and further the order has been passed under the rationalization policy so that there are teachers available in the Schools where the posts are vacant, this Court is not interfering with the transfer order, but, it is observed that in case the petitioner approaches the Authority for his adjustment at some other station within a period of one week from today, then, let an appropriate call be taken thereupon in the light of the fact that the petitioner is to superannuate in the month of February, 2027 within three weeks as from the date of the receipt of the representation. Till then, the petitioner shall not be forced to join the station, to which he stands transferred and he may avail the kind of leave due to him. (Ajay Mohan Goel) Judge March 24, 2026 (Vinod)