Himachal Pradesh High Court
Ramesh Kumar vs State Of Himachal Pradesh & Ors on 28 July, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.7385 of 2025
Date of Decision: 28.07.2025
.
_______________________________________________________
Ramesh Kumar
.......Petitioner
Versus
State of Himachal Pradesh & Ors.
... Respondents
_______________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Mr. Ajeet Singh Saklani, Advocate.
For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar & Mr.
B.C. Verma, Additional Advocate Generals,
with Mr. Ravi Chauhan, Deputy Advocate
General, for respondent No. 1-State.
Mr. Rakesh Kumar Chaudhary, Advocate, for
respondent No. 7.
____________________________________________________
Sandeep Sharma, Judge(oral):
Petitioner herein, who at present is working as TGT (Arts)
at GMS Naulakha under complex GSSS Mahadev, District Mandi,
Himachal Pradesh, is aggrieved by order dated 14.07.2025 (Annexure
P-1), whereby he has been transferred from afore school to GHS
Jachh, District Mandi, Himachal Pradesh,
2. Precisely, the grouse of the petitioner, as has been
highlighted in the petition and further canvassed by Mr. Ajeet Singh
Whether the reporters of the local papers may be allowed to see the judgment?
Saklani, learned counsel representing the petitioner, is that impugned
transfer order has been passed in violation of Transfer Policy
.
because petitioner has not been permitted to complete his normal
tenure at present place of posting. Mr. Saklani, states that though
petitioner was posted at GMS Naulakha under complex GSSS
Mahadev, District Mandi, Himachal Pradesh, in the month of
February, 2023, but he has been transferred again, vide impugned
transfer order dated 02.05.2025, within short span of two years that
too on the basis of DO Note issued by extra constitutional authority.
3. Pursuant to notices issued in the instant proceedings, Mr.
Rajan Kahol, learned Additional Advocate General, has placed on
record instructions dated 25.07.2025, issued under the signatures of
Director, School Education, Himachal Pradesh, perusal whereof
reveals that prior to petitioner's posting at GMS Naulakha under
complex GSSS Mahadev, District Mandi, Himachal Pradesh, he was
posted at GMS Chhater u/c GSSS Kanaid, District Mandi, Himachal
Pradesh, where he remained posted w.e.f. 02.01.2020 to 17.02.2023
and the distance inter se GMS Chhater and GMS Naulakha is only 3
Kms. Mr. Rajan Kahol, learned Additional Advocate General, states
that since petitioner has remained posted for more than five years
within a radius of 30 Kms, it cannot be said that petitioner has not
completed normal tenure at present place of posting, especially when
clubbing of previous stay within a radius of 30 Kms has been held to
be valid by Division Bench of this Court, vide judgment dated
.
06.06.2025 passed in CWP No. 2734 of 2024, titled as Monika Katna
Vs. State of Himachal Pradesh and Ors. Division Bench of this
Court has upheld office memorandum dated 27.10.2023, which
provided for clubbing of stay for the purpose of transfer of employee
of the Education Department.
4. Since it is quite apparent from the instructions placed on
record at the behest of respondent-State that petitioner has been
working within a radius of 3 Kms for more than five years, coupled
with the fact that office memorandum dated 27.10.2023, which
provided for clubbing of stay for the purpose of transfer of employee
of the Education Department has been held to be valid and not
contrary to Clause 10.1 of the Transfer Policy of Government dated
10.07.2023, no illegality can be said to have been committed by the
respondents, while passing impugned transfer order and as such,
same is upheld.
5. However, having taken note of the fact that petitioner is
suffering from liver cancer as is evident from the documents adduced
on record and his wife is also a Government employee, this Court,
without into the merits of the case, deems it fit to dispose of the
present petition reserving liberty to the petitioner to file representation
to the competent within two days for cancellation of
transfer/adjustment at a convenient station, which shall be decided by
.
the competent authority within two weeks. Ordered accordingly.
Needless to say, authority concerned, while doing the needful in
terms of instant order, shall afford an opportunity of being heard to the
petitioner and pass appropriate orders taking note of Transfer Policy
formulated by the Government of Himachal Pradesh, which enables
an employee to seek transfer/adjustment at a convenient station on
medical grounds as well as on account of couple case. Till the time,
representation, as detailed herein above, is not decided in terms of
instant order, petitioner shall not be compelled to join at transferred
station in terms of impugned transfer order. Pending applications, if
any, stand disposed of.
p
(Sandeep Sharma),
Judge
July 28, 2025
(Sunil)
