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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Parvinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's request for transfer rejected. (Para 2 , 3 , 5) |
| 2. court finds no infirmity in the authorities' decision. (Para 4 , 6) |
| 3. observations on inter-district transfer policy and its implications. (Para 7) |
| 4. court dismisses petition and suggests policy review. (Para 8) |
JUDGMENT :
Ajay Mohan Goel, J.
Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents.
2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“I. That Your Lordships may graciously be pleased to issue the Writ in the nature of Certiorari quashing and setting aside the impugned Office Order dated 03.02.2026 contained in Annexure P-6.
II. That, a writ in the nature of Mandamus may kindly be issued by directing the respondent to transfer the petitioner against one of the vacant posts mentioned in para 11 of the petition in view of the 5% inter district transfer policy/guidelines in the interest of justice.”
3. The grievance of the petitioner is that his application, seeking transfer under the 5% Inter-District quota, stands rejected by the Authorities in terms of Annexure P-6.
4. Having heard learned Counsel for
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....
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....
In cases of extreme medical exigencies, the court may direct the consideration of inter-district transfer requests and examination for relaxation of eligibility norms.
policy as promulgated does provide for situations where teachers are single parents irrespective of whether their spouses are serving, retired or erstwhile members of the Forces.
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