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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Deepak Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's aggrievement over transfer denial. (Para 2) |
| 2. arguments regarding transfer policies and conditions. (Para 3 , 4) |
| 3. court's analysis of transfer order validity. (Para 5 , 6 , 7) |
JUDGMENT :
Ajay Mohan Goel, J.
Notice. Mr. Rajpal Thakur, learned Additional Advocate General accepts notice on behalf of respondents No. 1 to 3. Mr. Anup Rattan, learned Advocate General has also put in appearance on behalf of the respondents on the instructions learned Additional Advocate General.
2. The petitioner herein is aggrieved by Annexure P-6, order dated 27.01.2026, in terms whereof, the prayer of the petitioner for his transfer from his present place of posting by taking into consideration his total tenure as a teacher in the tribal areas of District Chamba and District Shimla, has been rejected by the Authority.
3. Learned Counsel for the petitioner has submitted that the petitioner was initially appointed as a Shastri teacher on 04.10.2022 and he served as such till 11.03.2024 at Government Middle School Tiari u/c GSSS Holi, Tehsil Bharmour, District Chamba, HP, which is a tribal area. Thereafter, the petitioner sought inter-district transfer to District Shimla on mut
The court upheld the validity of the transfer policy, which mandates that teachers who are transferred on a mutual basis must serve a minimum period of three years at the new location, reinforcing di....
Court upheld the denial of inter-district transfer due to concerns about diminishing educational staff, emphasizing the need for stringent conditions to prevent abuse of the transfer policy.
No vested right to inter-district transfer for district cadre employees; authority's discretionary rejection valid if reasoned on basis of vacancies in parent district to safeguard students' academic....
State cadre employees after 25+ years in home-contiguous stations cannot challenge transfers to tribal areas; such postings non-punitive, fulfill administrative needs and employee service duty.
Transfer decisions are within the authority of the employer and not for the employee to insist on or challenge.
In cases of extreme medical exigencies, the court may direct the consideration of inter-district transfer requests and examination for relaxation of eligibility norms.
Vidyasahayaks appointed for a period of ten years cannot claim transfer within the district based on the Taluka's bifurcation and are bound by the conditions in their appointment orders and resolutio....
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