Himachal Pradesh High Court
Sumesh Kumar vs State Of H.P. & Ors on 5 September, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 10592/2025
.
Decided on: 05.09.2025
Sumesh Kumar ...Petitioner
Versus
State of H.P. & Ors. ....Respondents.
...........................................................................................
Coram
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? 1
For the petitioner:
r Mr. Vinay Sharma, Advocate.
For the respondents: Mr. L.N. Sharma, Additional
Advocate General, for respondents
No.1 to 3.
Mr. Divya Raj Singh, Advocate, for
respondent No.4.
Jyotsna Rewal Dua , J
Petitioner is serving as Trained Graduate Teacher in
the respondents-Education Department. Pursuant to direction issued
in Reeta Devi Vs. State of H.P. & Ors.2, he was transferred from
Government Senior Secondary School Nagrota Surian, District
Kangra to Government Senior Secondary School Devi Kothi, District
Chamba, vide order dated 28.03.2025. Petitioner preferred a
representation and requested cancellation of his transfer to
1 Whether reporters of the local papers may be allowed to see the judgment? yes
Government Senior Secondary School Devi Kothi, District Chamba.
In the said representation placed on record during hearing of the
case, he also made alternative prayer to consider his case for
.
retaining him at Block Education Offices Nagrota
Surian/Dharamshala. The representation highlighted that the
petitioner had previously served for requisite tenure in sub-cadre area
of Government Senior Secondary School Lylh, Block Melha, District
Chamba and therefore, he should not be transferred Devi Kothi,
District Chamba, which was a hard area. The respondents, thereafter,
issued an office order on 24.04.2025 transferring the petitioner (under
transfer from Government Senior Secondary School Nagrota Surian,
District Kangra to Government Senior Secondary School Devi Kothi,
District Chamba) to Government High School Katora u/c Government
Senior Secondary School Spail, District Kangra. The petitioner joined
at the transferred station. His grievance in this writ petition is to the
office order dated 28.06.2025 that transfers him from Government
High School Katora u/c Government Senior Secondary School Spail,
District Kangra to Government Senior Secondary School Ligga
(Chamba) vice respondent No.4, who has been brought in place of
petitioner.
2. Taking into consideration the facts of the case, more
particularly the fact that the petitioner has not completed his normal
tenure at Government High School Katora, where he was transferred
on 24.04.2025, operation of impugned order dated 28.06.2025 was
stayed.
3. Reply has not been filed by respondents No.1 to 3,
.
however, learned Assistant Advocate General placed on record a
copy of office instructions dated 06.08.2025 from the Director of
School Education, which gives following incumbency position of the
petitioner: -
Sr. No. Name of School Period Estimated Distance
approx.
1 GHS Jarto u/c 31.07.2015 to
GSSS Amlela 05.07.2019
(KGR)
2 GHS Panalath 05.07.2019 Approximately
to 12 KM
(KGR) 26.08.2022 from previous station
4 GSSS Nagrota 26.08.2022 Approximately
to 16 KM
Surian (KGR) 23.04.2025 from previous station
5 GHS Katora u/c 24.04.2025 to Approximately 05 KM
GSSS Spail (KGR) date from previous station
The above incumbency position shows that the
petitioner, who belongs to State cadre has been serving within the
radius of 30 kms within District Kangra since 05.07.2019.
Learned Assistant Advocate General has also placed on
record a document to show that the petitioner had been adjusted at
Government High School Katora on 24.04.2025 pursuant to a D.O.
note issued at his instance on 08.04.2025.
4. During hearing of the case, learned Assistant Advocate
General placed on record another D.O. Note issued from the office of
the Hon'ble Chief Minister for transfer of respondent No.4 from
.
Government Senior Secondary School Ligga, Tehsil Saluni, District
Chamba and her adjustment at the place of the petitioner i.e.
Government High School Katora.
5. The above documents, which are not in dispute, clearly
indicate that both the petitioner and respondent No.4 have obtained
D.O. Notes for their retentions/transfers/adjustments at Government
High School Katora u/c Government Senior Secondary School Spail,
District Kangra. It is on that basis the petitioner was adjusted at
Government High School Katora under order dated 24.04.2025
(Annexure P/3) and it is for the said reason that respondent No.4 is
now being transferred to Government High School Katora vice to the
petitioner under impugned order dated 28.06.2025 (Annexure P/1).
There is no independent application of mind by the competent
authority to the transfers of both the employees.
In view of above, respondent No.2 is directed to take a
fresh call in the matter of transfer of petitioner and respondent No.4,
after applying independent mind, keeping in view their incumbency
positions and all other relevant factors, in accordance with law and as
per applicable policy, whereafter fresh & appropriate order concerning
transfer of petitioner and respondent No.4, be issued within two
weeks from today i.e. on or before 20.09.2025. Till such time, the
status existing as on date, shall be maintained.
The present petition to stand disposed of in above
.
terms. Pending miscellaneous application(s), if any, also to stand
disposed of.
Jyotsna Rewal Dua
Judge
05th September, 2025(rohit)
r to
