IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 8605 of 2023 Decided on: 14th December, 2023 ________________________________________________P___________

Anurag Chadha .... Petitioner Versus H State of Himachal Pradesh and others …. Respondents ___________________________________f_________________________

Coram o Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes.

For the petitioner : Mr. Vikrant Thakur, Advocate.

For the respondents : Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Additional Advocate General for respondents No. 1 to 4.

Mr. K.S.Banyal, Senior Advocate with Mr. Uday Singh Banyal, Advocate for respondent No.5.

Ranjan Sharma, Judge (Oral)

The petitioner, a Trained Graduate Teacher (Non-Medical), in Elementary Education Department, has filed the writ petition, with the following prayer(s):-

“(i) That appropriate writ, order or direction may kindly be issued to quash and set-aside the impugned transfer order dated 31.10.2023 (herein annexed as

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes Annexure P-1), whereby the petitioner has been transferred from GMS Diara U/C GSSS (Boys) Bilaspur, District Bilaspur, to GSSS Baddu Dadhog, District Bilaspur, H.P.in the interest of law and justice.” H 2. FACTUAL MATRIX:

2(i). Petitioner is a Traoined Graduate Teacher (Non- Medical), working in Elementary Education Department of the State Government. On appointment as TGT (Non- Medical), she joined in Government Senior Secondary School, Jukohala, District Bilaspur on 30.08.2012. The responCdents posted the petitioner in Government Girls Senior Secondary School, Bilaspur in September, 2015 and she served there till May, 2021. Thereafter, the respondents transferred the petitioner in Government Middle School, Diara under Complex GSSS Boys, Bilaspur and she joined at Diara on 03.05.2021, where she served as such till the issuance of the impugned orders.

2(ii). Though the petitioner has been working in GMS, Diara as aforesaid, since, 03.05.2021, yet the respondents had issued an office order on 31.10.2023 (Annexure P-1) {hereinafter referred to as the Impugned Order} transferring the petitioner from GMS Diara {under Complex GSSS (Boys), Bilaspur, District Bilaspur} to GSSS Baddu Dadhog, District Bilaspur vice respon.dent No 5, by clubbing her previous stay with TTA/Joining Time.

2(iii). The petitioner has assailed the transfer order dated 31st October, 2023 (Annexure P-1) on the ground: (i) that the petitioner has completed only two years and six months of stay at present station i.e. GMS Diara under Complex GSSS (Boys), Bilaspur which was contrary to Clause 10 of the transfer policy; and (ii) transfer has been ordered on the basis of a D.O. Note No. 86761 dated 27.10.2023 in view of the averments made in Para 8 of the writ petition; and (iii) transfer is a result of colorable exercise of powers H as the same has been issued only to give effect to D.O. Note, without there being any public interest or administrative exigencies; and (iv) transfer ordered by clubbing the previous stay of the petitioner at GMS Diara and GGSSS Bilaspur, is only to give undue accommodation to private respondent No.5, which is malafide and arbitrary: and (v) transfer without condoning the stay is violative of condition No. 6 of the impugned order for the reason, that in absence of condoning the incomplete and short stay, the im.pugned order could not have been implemented.

2(iv). As a sequel to the issuance of the transfer orders dated 31.10.2023 (Annexure P-1), the petitioner stood relieved from the present station and the private respondent had joined in place of the petitioner at GMS Diara and therefore, this Court denied any interim protection to the petitioner. However, this Court as per orders dated 6th November, 2023 directed the respondents -State Authorities not compel the petitioner to join the transferred station till the next date of hearing.

3. STAND OF THE RESPONDENTS-STATE H 3(i).