Himachal Pradesh High Court
Yogesh Thakur vs State Of H.P. & Ors on 14 August, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.13142 of 2025
Decided on: 14th August, 2025
_________________________________________________________________
.
Yogesh Thakur ....Petitioner
Versus
State of H.P. & Ors. ...Respondents
_________________________________________________________________
Coram
Ms. Justice Jyotsna Rewal Dua
1 Whether approved for reporting?
_________________________________________________________________
For the petitioner: Mr. Vinod K. Thakur, Advocate.
For the respondents: Ms. Menka Raj Chauhan, Deputy,
Advocate General for respondents
No.1 and 2.
Jyotsna Rewal Dua, Judge
Notice confined to respondents No.1 and 2, which
is waived by Ms. Menka Raj Chauhan, learned Deputy
Advocate General. . In view of the nature of the order being
passed hereinafter, neither notice is required to be issued to
respondent No.3 nor reply is required to be called from
respondents No. 1 and 2.
With the consent of learned counsel for parties,
matter is heard at this stage.
Whether reporters of Local Papers may be allowed to see the judgment? yes
2. Pursuant to Manjeet Singh Chandel Vs. State
of H.P. & Ors2, respondents No.1 and 2 issued an office
order on 08.08.2025, transferring and adjusting said
.
Sh. Manjeet Singh Chandel at GHS Lohakhar, District
Hamirpur, H.P. vice the present petitioner, who has been
consequently transferred to GSSS Darlaghat, District Solan,
H.P.. Feeling aggrieved, petitioner has instituted this writ
petition.
3. Learned counsel for the petitioner submits that
petitioner is a physically disabled person. He is suffering from
50% permanent disability in relation to his left leg, left arm
and left hand including fingers; The place where petitioner
has been transferred under the impugned transfer order, is at
a distance of 100 K.Ms from his present place of posting;
Petitioner being disabled, will face lot of difficulties at the
transferred station; He is entitled to concession flowing from
Clause 5.3 of the Comprehensive Guiding Principles, 2013,
regulating transfer of the Government employees. As per the
said clause "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,
CWP No. 11748 of 2025, decided on 11.08.2025.
subject to vacancy, they should at least be given postings on
road heads or convenient stations where bus service is
available."
.
4. It is the petitioner's own pleaded case that he is
serving at GHS Lohakhar, District Hamirpur w.e.f.
28.09.2020. Thus, petitioner has completed almost five years
at the present place of posting and therefore, is liable to be
transferred from there. However, keeping in view Clause 5.3
of the Transfer Policy, it shall be open for the petitioner to
represent to respondent No.2 to point out his difficulties with
vacancies/stations where he can be suitably adjusted. In
case, such a representation is so made within ten days, the
same shall be considered and decided by the
respondents/Competent Authority in accordance with law
and as per the applicable Transfer Policy, within a period of
one week thereafter. Ordered accordingly. The order so
passed, be communicated to the petitioner.
Till decision of the representation, petitioner shall
not be compelled to join at the transferred station. He shall
be at liberty to avail leave of the kind due. It is made clear,
that in case no such representation is filed within the
timeline indicated above, limited interim protection granted to
the petitioner shall automatically stand vacated.
It is clarified that this order shall not create any
.
embargo in joining of respondent No.3 at GHS Lohakhar,
District Hamirpur under the office order dated 08.08.2025.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any. r
Jyotsna Rewal Dua
Judge
August 14, 2025
R.Atal
