Himachal Pradesh High Court
Deep Raj vs State Of H.P. And Others on 10 July, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9624 of 2025 Decided on: 10th July, 2025
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Deep Raj .....Petitioner
.
Versus
State of H.P. and others .....Respondents
------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting? 1 For the Petitioner:
Mr. Naresh Kaul, Advocate.
For the Respondents: Mr. Anup Rattan, Advocate General r with Mr. Sikander Bhushan, Deputy Advocate General.
------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner's grievance is to the office order dated 04.06.2025 (Annexure P-1), whereunder he, a Junior Basic Trained Teacher, has been transferred from GPS Tipra, Education Block Chamba-I to GPS Thalla Chununu, Education Block Gehra, District Chamba.
2. Transfer has been assailed on the grounds that:-
(i) Petitioner was posted at GPS Tipra on 04.08.2023. His stay at the present place is not complete. Petitioner has not rendered normal tenure of service in terms of the applicable transfer policy at GPS Tipra; and (ii) Petitioner's current 1 Whether reporters of print and electronic media may be allowed to see the order? Yes.::: Downloaded on - 10/07/2025 21:20:34 :::CIS 2
place of posting, i.e. GPS Tipra, falls under difficult area. He is serving in the difficult area and under the impugned transfer order, has been sent again to a difficult area, i.e. GPS Thalla Chununu. This was not permissible in terms of .
the applicable policy. Taking into consideration the aforesaid grounds, interim relief was granted to the petitioner against the impugned office order on 11.06.2025.
3. Learned Deputy Advocate General has placed on record office instructions dated 09.07.2025 from the Director of School Education, Himachal Pradesh, inter alia, giving the incumbency position of the petitioner, which is as follows:-
Sr. Name of School Period Distance
No.
1 GPS Thalli E/B 13.09.2007 to ---------
Kalhel 17.09.2021
2 GPS Laddi E/B 18.09.2021 to Distance Sr. No.1 & 2
Kiani 04.08.2023 is 60 Kms.
3 GPS Tipra E/B 04.08.2023 to date Distance Sr. No.2 & 3
Chamba-1 is 27 Kms
Learned counsel for the petitioner submits that GPS Laddi, where the petitioner had served from 18.09.2021 to 04.08.2023, also falls under the difficult area. Hence, the petitioner could not have been transferred to difficult area under the impugned office order. The respondents in the office instructions have taken a defense that the petitioner is permanent resident of Village ::: Downloaded on - 10/07/2025 21:20:34 :::CIS 3 Pundrenka, Post Office Thalli, Tehsil Churah, District Chamba, which is a sub-cadre area and for that reason, he has remained nearby his native place. In the office instructions, the respondents have not denied that the .
petitioner has been serving in the sub-cadre/hard area. The only defense is that the areas, where the petitioner had been serving, are near to his permanent home.
4. It is for the respondents to make appropriate modifications in the transfer policy. The policy as it stands vindicates the grievance of the petitioner that having served in the sub-cadre area, he cannot be sent to sub-cadre area again without taking option from him. The office instructions placed on record by the respondents are also to the effect that at petitioner's current place of posting, i.e. GPS Tipra, 47 students are studying against the availability of two JBT Teachers including the petitioner, whereas, the place where the petitioner has been ordered to be transferred, i.e. GPS Thalla Chununu, there are 14 students with availability of one JBT Teacher.
5. Taking all above factors into consideration, a case has been made out for quashing and setting aside the impugned office order. Accordingly, this writ petition is ::: Downloaded on - 10/07/2025 21:20:34 :::CIS 4 allowed. The impugned office order dated 04.06.2025 (Annexure P-1) is quashed and set aside qua the petitioner.
The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if .
any.
Jyotsna Rewal Dua
July 10, 2025 Judge
Mukesh
r to
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