Himachal Pradesh High Court
Rajinder Kumar vs State Of H.P. & Ors on 21 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8384 of 2025
Date of decision: 21.05.2025
Rajinder Kumar. ...Petitioner.
Versus
State of H.P. & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Suneel Awasthi, Advocate.
For the respondents : Mr. Rajat Chaudhary, Assistant
Advocate General, for
respondents No.1 to 3-State.
Jyotsna Rewal Dua, Judge
Notice confined to respondents No.1 to 3, which
is waived by Mr. Rajat Chaudhary, Assistant Advocate
General.
2. Petitioner's grievance is to the office order dated
26.04.2025, whereunder he serving as Lecturer School New
(History) stands transferred from GSSS Kangoo, District
Hamirpur to GSSS Sheran, District Solan. The transfer was
ordered vice respondent No.4, who was brought in the place
of the petitioner from GSSS Sheran. Learned counsel for the
petitioner contended that the aforesaid transfer has been
effected on the basis of DO Note in order to accommodate
1Whether reporters of Local Papers may be allowed to see the judgment? Yes
respondent No.4. It was also submitted that the petitioner is
suffering from 50% locomotive disability and therefore, in
accordance with applicable transfer policy, he is required to
be considered for posting at a station keeping in view his
comfort. It was also pointed that petitioner has preferred a
representation to the respondents on 03.05.2025, which has
not been decided by the respondents till date.
Though the petitioner has assailed his transfer
order on the ground of it having been issued on the basis of
DO Note, however during the course of hearing learned
counsel for the petitioner admitted that petitioner has
completed more than normal tenure at his present place of
posting and is thus liable to be transferred out from his
present place.
3. Learned Assistant Advocate General was also
directed to have instructions from the respondents in the
matter. The instructions have been placed on record. As per
the instructions, pursuant to the impugned transfer order,
the petitioner has joined at GSSS Sheran, District Solan, on
03.05.2025; The petitioner is 50% handicapped and Clause
5.3 of Comprehensive Guiding Principles-2013 provides for
adjusting the employees suffering from 60% and above
physical disability to a station of their choice subject to
availability of vacancy and in case the aforesaid adjustment
is not possible, they should at least be given posting on road
heads or convenient station where bus service is available.
The Clause reads as under:-
"5.3 Concessions to handicapped employees: 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, subject to vacancy, they should at least be
given postings on road heads or convenient stations
where bus service is available."
The instructions are also to the effect that the
aforesaid provision was kept in view while transferring the
petitioner to GSSS Sheran, District Solan, as the institution
where the petitioner has been transferred is on road head
side, where he has already joined.
4. Nonetheless, the fact remains that even though
the petitioner has completed normal tenure at the present
place of posting, yet it has not been refuted by the
respondents that the petitioner's impugned transfer to a
specific place had been ordered on the basis of DO Note.
Keeping that in view and without interfering with the transfer
of respondent No.4 under the impugned order, this writ
petition is disposed of with direction to the respondents to
consider case of the petitioner for his transfer afresh and
also to decide his representation dated 03.05.2025
(Annexure P-3) in accordance with law and as per applicable
policy within a period of two weeks from today. Ordered
accordingly. The order so passed be also communicated to
the petitioner.
The writ petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
21st May, 2025 Judge
(Pardeep)
