Extracted from the PDF above. The PDF is authoritative.
2026:HHC:5380 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.
2432 of 2026
Decided on: 03.03.2026 Vinay Kumar …….Petitioner Versus State of H.P. and another
… Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the respondents : Mr. Rajat Chauhan, Assistant
Advocate General for respondents – State. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Rajat Chauhan, learned Assistant Advocate General, accepts notice on behalf of the respondents. 2. By way of this writ petition, the petitioner has assailed the order passed by the Authority dated 17.02.2026, in terms whereof the case of the petitioner for adjustment at some other station from his present place of posting was rejected on the ground that the petitioner is having very short stay at his present place of posting. 3. Learned Counsel for the petitioner submitted that as the petitioner is a physically disabled person, it would be in the interest 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:5380 of justice, in case, this petition is disposed of with the direction that the petitioner shall make a fresh representation to the authority concerned for his posting at some other station, which as per the petition is lying vacant and the same shall be considered sympathetically by the Authority. Learned Counsel for the petitioner alternatively submitted that as the wife of the petitioner is also serving in the Education Department, the Authority may also consider the posing of wife of the petitioner either at the station where the petitioner is presently serving or at a nearby station. 4. Having heard learned Counsel for the petitioner, in light of the fact that the petitioner is stated to be a physically disabled person to the extent that he has only hand, this Court disposes of this petition with direction that the petitioner shall represent to the Authority afresh for his transfer/adjustment at some other station and the same be considered sympathetically by the Authority ignoring the factum of short stay of the petitioner because of his physical disability.
The alternative prayer of the petitioner for transfer of wife of the petitioner can also be considered by the Authority, however, while deciding the representation of the petitioner, the factum of short stay of the petitioner should not overweigh the mind of the authority and disability of the petitioner
3 2026:HHC:5380 should be the prime consideration while deciding the representation. The representation shall be filed by the petitioner within one week from today and the same shall be decided by the authority within four weeks as from the date of receipt thereof. While deciding the representation, the factum of completion of academic session can also be taken into consideration by the authority. With these observations, this petition is disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel)
Judge March 03, 2026 (narender)