Himachal Pradesh High Court
Rajan Ranout vs State Of H.P. & Ors on 25 February, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Decided on: 25.02.2025
Rajan Ranout ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Surinder Prakash Sharma,
Advocate.
For the respondents : Mr. Amandeep Sharma, Additional
Advocate General, for respondents No.1
to 3.
Jyotsna Rewal Dua , J
Petitioner feels aggrieved against the order dated
22.02.2025 (Annexure P-1), whereby he has been transferred from
Government Senior Secondary School Takoli, District Una to
Government Senior Secondary School Khunachi, Tehsil Thunag,
District Mandi.
2. Learned counsel for the petitioner pleads that the
petitioner was appointed as Trained Graduate Teacher (Non-
Medical) on 12.10.2017; He was accordingly posted as such at
Government Middle School Charna under complex Government
Senior Secondary School Bhatgarh, District Sirmaur stated to be
Whether reporters of the local papers may be allowed to see the judgment?
difficult/sub cadre area; On 04.01.2019, petitioner was transferred
to Government High School Bhaloun under complex Government
Senior Secondary School Chauki Maniar, District Una; Petitioner
was next transferred to Government Model Senior Secondary
School Takoli, District Una on 28.04.2022; Vide impugned order
dated 22.02.2025, petitioner was transferred from Government
Senior Secondary School Takoli, District Una to Government Senior
Secondary School Khunachi, District Mandi.
3. The impugned order dated 22.02.2025 not only
transfers the petitioner to Government Senior Secondary School
Khunachi, Tehsil Thunag, District Mandi, but also brings respondent
No.4 from Government Senior Secondary School Khunachi, Tehsil
Thunag, District Mandi to petitioner's place at Takoli, Una. The
order has been passed consequent upon a decision rendered in
Manju Devi's Vs. State of Himachal Pradesh 2 instituted by
respondent No.4.
4. Learned counsel further submitted that the petitioner
has not completed his normal tenure at the present place of posting
and further that the petitioner has been transferred to a difficult
area, whereas he has already served difficult area w.e.f. 12.10.2017
to 03.01.2019.
CWP No. 837/2024 decided on 23.10.2024
4(i) Petitioner's first contention of non completion of normal
tenure at the present place of posting for assailing the transfer order
is misplaced. The petitioner is just short of 2 months in completing
his normal tenure. Having observed this, impugned order dated
22.02.2025, transferring respondent No.4 in place of petitioner at
Government Senior Secondary School Takoli, District Una is not
required to be interfered with. It is for this reason, notice of this
petition is not required to be issued to respondent No.4. Even
otherwise learned counsel for the petitioner has fairly submitted that
respondent No.4 has since joined at the place of petitioner at
Government Senior Secondary School Takoli, District Una.
4(ii) The second contention of the petitioner is that he has
already served in difficult area but under the impugned transfer
order, has been sent again to difficult/hard area. This aspect is
required to be examined, in accordance with law and applicable
transfer policy by the respondent/competent authority.
Learned counsel for the petitioner submitted that
petitioner be permitted to represent to respondent No.2/competent
authority in this regard, whereafter the said respondent be directed
to consider and decide the representation to be made by the
petitioner within time bound schedule.
In view of above submissions, the instant writ petition
is disposed of by permitting the petitioner to make a representation
to respondent No.2/competent authority, within a period of two days
from today, who shall in turn, consider and decide the same, in
accordance with law and applicable transfer policy, within a further
period of one week, thereafter. The order so passed shall also be
communicated to the petitioner. In the meanwhile, it shall be open
for the petitioner to take leave of the kind due, however, in case,
petitioner does not make any representation within the aforesaid
period, interim protection will not come to his rescue. Pending
miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua
Judge
25th February, 2025 (rohit)
