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1IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.19191 of 2025

Date of Decision: 22.12.2025

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Aditya Mahajan ……...Petitioner

Versus

State of Himachal Pradesh & Ors. …....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

For the Petitioner: Mr. Narender Singh Thakur, Advocate.

For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar,

Additional Advocates General with Mr. Ravi

Cuhauhan, Deputy Advocate General.

___________________________________________________________________________

Sandeep Sharma, Jo. (Oral)

Petitioner herein, who at present is working as

Agriculture Development Officer in the office of Deputy Director

Agriculture, Una, Himachal Pradesh, is aggrieved by order dated

0g2.12.2025 (Annexure P-4), whereby he has been transferred from

iafore station to Development Block Tissa, Distt. Chamba, Himachal

Pradesh.

2. Precisely, the grouse of the petitioner, as has been

highlighted in the petition and further canvassed by Mr. Narender

Singh Thakur, learned counsel representing the petitioner, is that

impugned transfer order is in violation of Transfer Policy formulated by

the Government of Himachal Pradesh because petitioner has not been

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permitted to complete his normal tenure at present place of posting,

rather he has been transferred within 15 days.

3. Pursuant to notices issued in the instant proceedings,

respondent-State has filed reply, wherein factum with regard to

petitioner’s transfer within 15 days has not been denied, rather an

attempt has been made to refute the claim of the petitioner on the

ground that he, being Class-I Officer, cannot take shelter of Transfer

Policy. Besides above, Mr. Vishatl Panwar, learned Additional Advocate

General, also attempted to argue that petitioner has throughout

remained posted in one district, however, such plea of him is totally

contrary to the reply, wherein it has been categorically stated that

petitioner was initially appointed as Agriculture Development Officer

on contract basis and was posted in the Directorate of Agriculture

Shimla w.e.f 16.01.2023 to 05.02.2023. Subsequently, petitioner was

transferred to Development Block Dehra, District Kangra. Though after

his being regularized against the post in question, petitioner was

ordered to be posted at Keylong, District Lahaul & Spiti, but

subsequently on his request, transfer order was modified and he was

adjusted in the office of DDA, Una. Within 15 days of his joining at

Una, petitioner has been again transferred to Tissa, District Chamba,

Himachal Pradesh. Division Bench of this Court in CWP No.1863 of

2018, titled as Rattan Chand Vs. State of H.P & others, decided on

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24.10.2018, has categorically held that possessing power to transfer

Class-I Gazetted Officer is one thing and the manner in which such

power is exercised is altogether different. Every official, whether Class-

IV or Class-I, is expected to remain posted for an ordinary tenure of

three years or so save where there exist administrative grounds,

exigency or public interest demanding his premature transfer.

Relevant para of the afore judgment is extracted hereinbelow:-

“The petitioner is wortking as a Principal in Government Senior

Secondary School. Her was transferred to Government Senior Secondary

School, Alampur,u District Kangra, H.P in September 2017. After a few

months i.e. on 24th May, 2018, he was transferred to Government

Senior Secoondary School(Girl) at Anni, District Kullu. He challenged that

transfer order before the H.P. State Administrative Tribunal. His

Original Application was disposed of with liberty to the petitioner to

make a representation which was directed to be considered and

disposed of. Pursuant to order dated 29th May, 2018 of the Tribunal,

the Secretary (Education) to the Government of Himachal Pradesh

passed the order dated 19th July, 2018, according to wh