Decided On: April vs State Of Himachal Pradesh & Ors
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Himachal Pradesh High Court

Decided On: April vs State Of Himachal Pradesh & Ors on 1 April, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

2025:HHC:8551

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 8112 of 2024

Decided on: April 01 , 2025

Sumitra Devi ...Petitioner

Versus

State of Himachal Pradesh & Ors. ...Respondents

Coram:

Ms. Justice Jyotsna Rewal Dua, Judge

Whether approved for reporting?

For the petitioner : Mr. Parkash Sharma, Advocate.

For the respondents : Mr. Rajat Chaudhary, Assistant Advocate General for respondents No. 1, 2 & 4/State.

Mr. Rajesh Parkash, Advocate, for respondent No. 3.

Jyotsna Rewal Dua, Judge

Petitioner, a Panchayat Secretary, feels aggrieved against

the order dated 07.08.2024 whereby she has been transferred from

Gram Panchayat Dahar to Gram Panchayat Rast, District Sirmour,

against vacant post.

2. Learned Counsel for the petitioner while assailing the

transfer order contended that petitioner was posted as Panchayat

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2025:HHC:8551

Secretary at Gram Panchayat Dahar on 26.09.2022. There was no

justification to order her transfer within a period of two years.

Petitioner has not been allowed to complete her normal tenure at

Gram Panchayat Dahar. It was also submitted that petitioner has

been transferred under the impugned order to Gram Panchayat

Rast, District Sirmour only on the basis of UO/DO note as mentioned

in the writ petition.

Pursuant to the interim order passed in this petition on

12.08.2024, petitioner is continuing to serve at Gram Panchayat

Dahar, District Sirmour.

3. Respondents No 1 & 2 in their reply have not denied that

petitioner was posted at Gram Panchayat Dahar w.e.f. 27.09.2022.

Accordingly to the respondents, petitioner is an employee of Zila

Parishad Cadre and concerned Chief Executive Officer thereof is the

competent authority for effecting transfer of the petitioner. The

petitioner was transferred from Dahar to Rast in Development Block

Shillai, District Sirmour against a vacant post after prior approval so

received in this regard from the competent authority. The

respondents have not refuted petitioner's allegation of her transfer

having been effected on the basis of D.O. note. Petitioner's

contention of short stay at Gram Panchayat Dahar has also not

been disputed on facts.

2025:HHC:8551

4. In view of above, this writ petition is allowed. Impugned

order dated 07.08.2024 transferring the petitioner from Gram

Panchayat Dahar to Gram Panchayat Rast is quashed and set

aside. Respondents, however, are at liberty to take a fresh call in the

matter of transfer of petitioner as per applicable policy and in

accordance with law.

Pending miscellaneous application(s), if any, also stand

disposed of.

Jyotsna Rewal Dua, Judge April 01 , 2025 (PK)