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2026 DAILYLAW 5352 (HP)

MANILA KUMARI v. THE STATE OF HP AND OTHERS

CWP/2149/2026 · 2026-02-26

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:4614 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2149 of 2026 Decided on: 26.02.2026 Manila Kumari … 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: Mr. Mohar Singh, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General, for respondents No.1 to 4-State. Ajay Mohan Goel, Judge (Oral) Notice confined to respondents No.1 to 4. Mr. Rahul Thakur, learned Deputy Advocate General, accepts notice on behalf of respondents No.1 to 4. The petitioner has approached this Court feeling aggrieved by the issuance of transfer order dated 19.02.2026, in terms whereof, he has been ordered to be transferred from GSS Badhui Khas, Disttt. Kangra to GSSS Dhullara, District Chamba, in place of the private respondent. The petitioner is serving as a TGT (Non-Medical) Teacher. 2. Learned Counsel for the petitioner submits that though the petitioner has completed normal tenure at the present place of his posting, but she has approached this Court for the reason that as her husband is serving in the Border Road Organization, thus entitles her to be posted at a convenient place in terms of Clause 5.2 of the Comprehensive Guiding Principles, 2013 for regulating the transfer of State Government employees. Besides this, she is also suffering from 40% disability, which is evident from the Disability 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:4614 Certificate appended with the petition as Annexure P-3. Accordingly, learned Counsel for the petitioner submitted that either the impugned transfer be quashed and aside or alternatively, the petitioner be adjusted at some other station of her choice. 3. In light of the facts enumerated in the writ petition, the same is disposed of with the direction that in the event of the petitioner filing a detailed representation to Secretary (Education), to the Government of Himachal Pradesh, within a period of one week from today, let appropriate decision be passed on the representation of the petitioner by Secretary (Education) within a period of three weeks as from the date of receipt of the representation. Personal hearing be given to the petitioner. This Court impresses upon Secretary (Education) to take a sympathetic vies in the matter in light of the fact that the husband of the petitioner is serving in Border Roads Organization, which is part of the Indian Army and further that the petitioner herself is incapacitated as she is suffering from physical disability. Till then the petitioner shall not be forced to join at the station to which she stands transferred and she shall be at liberty to avail the kind of leave due to her. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge February 26, 2026 (Rishi)