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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.21182 of 2025

Decided on: 31st December, 2025

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Gokal Chand …..Petitioner

Versus

State of H.P. and others .....Respondents

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Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?

For the Petitioner: Mru. Arun Kaushal, Advocate.

For the Respondents: Mr. Rajat Choudhry, Assistant

Advocate General, for respondents

No.1 to 3.

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Jyotsna Rewal Dua, Judge

Notice confined to respondents No.1 to 3, which

is waived by Mr. Rajat Choudhry, learned Assistant

Advocate General.

2. In view of the pleadings and submissions made

by learned counsel for the parties, notice of this petition is

not required to be issued to respondent No.4. Reply is also

not required to be called for from the appearing

respondents. With the consent of learned counsel for the

appearing parties, the matter is heard at this stage.

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Whether reporters of print and electronic media may be allowed to see the order? Yes.

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3. Respondent No.4 instituted Birbal Versus State

of Himachal Pradesh & Ors.2 with the grievance that he had

completed normal tenure of posting in the sub-cadre area of

GPS Thach Kuther, Education Block Seraj-II, Balich.owki,

District Mandi, yet despite his representation, the

respondents had not transferred him to a sof t area or one of

the stations of his choice. The writ petiotion was disposed of

on 12.11.2025 with direction to the respondents to consider

the representation of respondent No.4 in accordance with

law within the given timeu frame.

Pursuant thereto, respondent No.3 issued office

order dated 26.12.2025 (Annexure P-1), transferring

respondent No.4 to GPS Thalout, Education Block Aut,

District Mandi. Vide the aforesaid office order, the

petitioner, who was serving at GPS Tarayal, Education

Block Aut, has been transferred to GPS Thach Kuther,

H Education Block Seraj-II, i.e. place of posting of respondent

No.4.

4. Learned counsel for the petitioner submits that

the petitioner has indeed completed his normal tenure at

GPS Tarayal, Education Block Aut, hence, is liable to be

transferred from the present place; Petitioner’s grievance,

2 CWP No.17551 of 2025, decided on 12.11.2025

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however, is that under the impugned office order, he has

been transferred to GPS Thach Kuther, Education Block

Seraj-II, which is a sub-cadre area, whereas, petitioner’s

present place of posting is also a sub-cadre area.. He,

therefore, having completed much more than the normal

tenure at one sub-cadre area, cannot be tra nsferred again

to another sub-cadre area. That the petoitioner is liable to be

transferred to a soft area or a station of his choice, having

served much more than the normal tenure at sub-cadre

area. Learned counsel fuurther submits that the petitioner

has already made a representation on 27.12.2025

(Annexure P-4) to respondent No.3, highlighting his

grievances against the impugned office order, but the

aforesaid representation has not been considered and

decided as yet.

5. In view of the facts projected for the petitioner, it

H is deemed appropriate to direct respondent No.3/competent

authority to consider and decide petitioner’s representation

dated 27.12.2025 (Annexure P-4) in accordance with law

and applicable transfer policy within a period of ten days

from today. Ordered accordingly. The decision so arrived at

shall also be communicated to the petitioner.

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Till decision of the representation, the impugned

office order dated 26.12.2025 (Annexure P-1) shall remain

stayed qua the petitioner, or in other words, the petitioner

shall be permitted to continue to serve at GPS Ta.rayal,

Education Block Aut. It is clarified that this order s