Himachal Pradesh High Court
Pradeep Chand vs State Of Himachal Pradesh & Ors on 8 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
( 2025:HHC:21740 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
CWP No. 9600 of 2025
Decided on: July 08 , 2025
Pradeep Chand ...Petitioner
Versus
State of Himachal Pradesh & Ors. ...Respondents
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge
Whether approved for reporting?
For the petitioner : Mr. K.B. Khajuria, Advocate.
For the respondents : Mr. Rajat Choudhary, Assistant Advocate
General for respondents No. 1 & 2.
Mr. Tanuj Thakur, Advocate, for respondent
No. 3.
Jyotsna Rewal Dua, Judge
Petitioner is serving as Trained Graduate Teacher (Arts) in
respondent - Education Department. He has taken exception to
Office Order dated 02.06.2025 (Annexure P-1) whereby he was
transferred from GMS Naghuien u/c GSSS Parihar (Chamba) to
GMS Naled u/c GSSS Bhalie (Chamba).
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2 ( 2025:HHC:21740 )
2. The transfer order has been assailed on the ground that
the same, as per petitioner, appears to have been issued on the
.
premise that petitioner had himself requested for his transfer. This
was so in view of the 'remarks column' of the aforesaid Office Order
which did not entitle him to Transfer Travelling Allowance/Joining
Time, whereas, petitioner had never made any request for his
transfer. It was asserted that the impugned transfer order had been
issued to give undue advantage to respondent No. 3 on the basis of
extraneous considerations.
On the basis of the aforesaid ground urged for the
petitioner, operation of impugned order dated 02.06.2025 (Annexure
P-1) was stayed vide order dated 11.06.2025 passed in this writ
petition.
3. During hearing of the case on 03.07.2025, learned Deputy
Advocate General placed on record instructions dated 02.07.2025
from the Director Elementary Education, relevant portion of which
reads as under:-
"In this regard, it is submitted that the petitioner has
been transferred as per annexure P-1 as annexed with
present petition. The service particulars of the petitioner are
as under:-
3 ( 2025:HHC:21740 )
Petitioner [Pradeep Chand, TGT (Arts)]
.
Sr. Date since Previous place Period Distance
No. working in of postings as approximately
present TGT
school
1. 19.11.2020 GHS, Granger 18.07.2018
u/c GSSS, to
Bathri 19.11.2020
(Chamba)
2. GMS, 19.11.2020 07 KMs.
Naghuien u/c to date
GSSS, Parihar
(Chamba)
3. Undertransfer 45 KMs.
to GMS, Nared
u/c GSSS,
Bhalie
r (Chamba).
That it is further submitted that the present petitioner
had completed his normal tenure at his present place of
posting and the petitioner is serving within radius of 07 KMs
since 2018. It is further submitted that the petitioner can
represent for granting TTA to the competent authority."
4. The incumbency position of the petitioner indicated in the
office instructions reflects that ever since his promotion as a
Trained Graduate Teacher, petitioner has served only in District
Chamba though as a Trained Graduate Teacher he belongs to the
State cadre. Further, petitioner is serving within a radius of 07 KMs
since 2018. Petitioner, therefore, is liable to be transferred having
completed much more than his normal tenure even at the present
place of posting i.e. GMS Naghuien. Under the impugned order,
4 ( 2025:HHC:21740 )
petitioner has been transferred to a place which is at a distance of
45 KMs from his present place of posting. In terms office
.
instructions, petitioner has not been transferred on the basis of
mutual consent as is presumed by him rather the impugned order is
a normal transfer of the petitioner taking into consideration his
incumbency position. Insofar as petitioner's grievance of having not
been allowed Transfer Travelling Allowance/Joining Time is
concerned, the same can be taken care of by directing respondent
No. 2 to give due & admissible Transfer Travelling Allowance/Joining
time to the petitioner. Ordered accordingly.
For the foregoing reasons, this writ petition is dismissed.
Interim order dated 11.06.2025 is vacated. Pending miscellaneous
application(s), if any, also stand disposed of.
Jyotsna Rewal Dua,
Judge
July 08 , 2025 (PK)
