Himachal Pradesh High Court
Rajinder Kumar vs State Of H.P. & Ors on 21 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8384 of 2025 Date of decision: 21.05.2025 Rajinder Kumar. ...Petitioner.
Versus
State of H.P. & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Suneel Awasthi, Advocate.
For the respondents : Mr. Rajat Chaudhary, Assistant
Advocate General, for
respondents No.1 to 3-State.
Jyotsna Rewal Dua, Judge
Notice confined to respondents No.1 to 3, which is waived by Mr. Rajat Chaudhary, Assistant Advocate General.
2. Petitioner's grievance is to the office order dated 26.04.2025, whereunder he serving as Lecturer School New (History) stands transferred from GSSS Kangoo, District Hamirpur to GSSS Sheran, District Solan. The transfer was ordered vice respondent No.4, who was brought in the place of the petitioner from GSSS Sheran. Learned counsel for the petitioner contended that the aforesaid transfer has been effected on the basis of DO Note in order to accommodate 1Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- respondent No.4. It was also submitted that the petitioner is suffering from 50% locomotive disability and therefore, in accordance with applicable transfer policy, he is required to be considered for posting at a station keeping in view his comfort. It was also pointed that petitioner has preferred a representation to the respondents on 03.05.2025, which has not been decided by the respondents till date.
Though the petitioner has assailed his transfer order on the ground of it having been issued on the basis of DO Note, however during the course of hearing learned counsel for the petitioner admitted that petitioner has completed more than normal tenure at his present place of posting and is thus liable to be transferred out from his present place.
3. Learned Assistant Advocate General was also directed to have instructions from the respondents in the matter. The instructions have been placed on record. As per the instructions, pursuant to the impugned transfer order, the petitioner has joined at GSSS Sheran, District Solan, on 03.05.2025; The petitioner is 50% handicapped and Clause 5.3 of Comprehensive Guiding Principles-2013 provides for -3- adjusting the employees suffering from 60% and above physical disability to a station of their choice subject to availability of vacancy and in case the aforesaid adjustment is not possible, they should at least be given posting on road heads or convenient station where bus service is available. The Clause reads as under:-
"5.3 Concessions to handicapped employees: As far as possible, Officers/Officials with 60% and above physical disability should be given stations of their choice. In the circumstances where it is absolutely not possible, subject to vacancy, they should at least be given postings on road heads or convenient stations where bus service is available."
The instructions are also to the effect that the aforesaid provision was kept in view while transferring the petitioner to GSSS Sheran, District Solan, as the institution where the petitioner has been transferred is on road head side, where he has already joined.
4. Nonetheless, the fact remains that even though the petitioner has completed normal tenure at the present place of posting, yet it has not been refuted by the respondents that the petitioner's impugned transfer to a specific place had been ordered on the basis of DO Note. Keeping that in view and without interfering with the transfer of respondent No.4 under the impugned order, this writ -4- petition is disposed of with direction to the respondents to consider case of the petitioner for his transfer afresh and also to decide his representation dated 03.05.2025 (Annexure P-3) in accordance with law and as per applicable policy within a period of two weeks from today. Ordered accordingly. The order so passed be also communicated to the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.
Jyotsna Rewal Dua
21st May, 2025 Judge
(Pardeep)