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2026 DAILYLAW 9134 (HP)

SHYAMA AGGRAWAL v. THE STATE OF HP AND OTHERS

CWP/7749/2026 · 2026-05-18

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:17581 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 7749 of 2026 Decided on : 18.05.2026 Shyama Aggrawal …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 Yes For the petitioner : Mr. Hirdaya Ram, Advocate. For the respondents : Mr. Rajpal Thakur, Additional Advocate General, for respondents No.1 to 3. Ajay Mohan Goel, Judge (Oral) Notice confined to respondents No.1 to 3. Mr. Rajpal Thakur, learned Additional Advocate General, accepts notice on behalf of the said respondents. 2. The petitioner herein is serving as a Kanungo and she is stated to be superannuating on 31.03.2027. She is aggrieved by impugned transfer order dated 06.04.2026 (Annexure P-1), in terms whereof, she has been transferred 1Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:17581 from the Office of SDO (Civil) Paonta Sahib, District Sirmour, H.P., to the Office of SDO (Civil) Kaffota, District Sirmour, H .P. The earlier writ petition filed by the petitioner was disposed of by this Court vide Annexure P-2, dated 10.04.2026, directing the respondents to reconsider the request of the petitioner for her adjustment in light of her forthcoming superannuation. 3. In terms of order dated 07.05.2026, passed by the Authority, said representation of the petitioner stands rejected. A perusal of the rejection order demonstrates that what weighed the Authorities her previous stations of posting and further that she cannot be adjusted at the station of her choice. 4. Learned counsel for the petitioner has drawn the attention of the Court to Annexure P-5, which is a letter dated 13.04.2026, written by Sh. Shawnu Ram, respondent No.4, in whose place the petitioner stands transferred, who has so stated in this communication that he has no objection in case the transfer order vis-a-vis the petitioner and him is deferred by 11 months, till the superannuation of the petitioner. 5. This Court is really pained by the manner in which the representation of the petitioner has been rejected by the 3 2026:HHC:17581 Authority. Where the petitioner was previously posted is not something which stood revealed to the Authority only while deciding the representation of the petitioner. Obviously, as the transfer order of the petitioner were passed by the Authority, it was well aware as to where all the petitioner remained posted. Herein, when she is at the verge of her superannuation, all the nuances of the Transfer Policy suddenly become visible to the Authority concerned. Further, in light of the fact that the person in whose place the petitioner stood transferred, himself had represented that he has no objection in case the transfer order is given effect after the petitioner superannuated, the Authority concerned should have acted with more maturity and should have deferred the transfer order till the superannuation of the petitioner, where after, obviously, Sh. Shawnu Ram could have joined in place of the petitioner. 6. Accordingly, in backdrop of the above stated facts, this petition allowed. Office order dated 07.05.2026 (Annexure P-4), passed by the Directorate of Land Records, is quashed and set aside. The operation of office order dated 06.04.2026 (Annexure P-1), in terms whereof, the petitioner has been 4 2026:HHC:17581 transferred from the Office of SDO (Civil) Paonta Sahib, District Sirmour, H.P., to the Office of SDO (Civil) Kaffota, District Sirmour, H .P., is hereby kept in abeyance till the superannuation of the petitioner. She will be allowed to continue to serve in the Office of SDO (Civil) Paonta Sahib, District Sirmour, H.P., till she superannuates. After her superannuation, Sh. Shawnu Ram shall be at liberty to join as Kanungo in the Office of SDO (Civil) Paonta Sahib, District Sirmour, H.P. and thereafter, he shall be allowed to serve there for a reasonable period. 7. The petition is disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 18, 2026 (Shivank Thakur)