IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA .

CWP No. 84/2026

Decided on: 06.01.2026

Satish Kumar …Petitioner

Versus

State of H.P. & Ors. .…Respondents.

……………………………………………………………………………….

Coram

Ms. Justice Jyotsna Rewal Dua, oJudge.

Whether approved for reporting?1

For the petitioner: Mr. Prem P. Chauhan, Advocate.

For the respondents: Mr. Rajat Choudhary, Assistant

Advocate General for respondent

Nos.1 & 2.

Jyotsna Rewal Dua, J.

The petitioner has taken exception to his transfer from

Sub Treasury Office, Paonta Sahib to Sub Treasury Office, Shillai, District Sirmaur against the vacant post of Senior Assistant under

office order dated 20.12.2025 (Annexure P-1).

Petitioner’s case is that he was posted at Sub Treasury

Office, Paonta Sahib as Clerk in February, 2016. Upon his promotion/placement as Senior Assistant, he was again posted at Paonta Sahib on 12.09.2024 against the vacant post. It has been strongly projected for the petitioner that his tenure as Senior Assistant at the current station, i.e. Sub Treasury Office, Paonta Sahib, is one

1 Whether reporters of the local papers may be allowed to see the judgment?

year and three months. That the respondents have transferred the petitioner from Sub Treasury Office, Paonta Sahib to Sub Treasury Office, Shillai, District Sirmaur on 20.12.2025 on the basis of a D.O. letter dated 01.10.2025. That the distance between Paonta Sahib and Shillai is approximately 75 kms. The petitioner has also alleged that his transfer to Shillai is to accommodate one Sh. Randeep Singh Chauhan (respondent No.3) at Paonta Sahib.

2. On notice bein g issued to respondents No.1 & 2, learned Assistant Advocate General has placed on record detailed office instructions.

3. I have heard learned counsel for the parties and also perused the office instructions dated 05.01.2026 issued by the Director, Treasuries, Accounts & Lotteries, Kasumpti, Shimla, Himachal Pradesh.

4. The respondents have given the following service history of the petitioner:- The petitioner was appointed as Clerk on contract basis on 17.09.2012 and was ordered to be posted at Sub Treasury Pooh, District Kinnaur; The petitioner represented on 25.09.2012 for his adjustment. He was accordingly adjusted at Sub Treasury Pacchad, District Sirmaur on 29.09.2012; In January, 2016, the petitioner was transferred to Sub Treasury Shillai, District Sirmaur, where he is serving till date; The petitioner was promoted to the post of Senior Assistant on 31.08.2024. Consequent upon his promotion, he was transferred from Sub Treasury Paonta Sahib to District Treasury Sirmaur at Nahan. At this stage, again a U.O. Note dated 10.09.2024 was received from the office of Hon’ble the Chief Minister for continuation of the petitioner at Sub Treasury Paonta Sahib. Accordingly, the petitioner was posted at Sub Treasury Paonta Sahib as Senior Assistant on 12.09.2024; On 01.10.2025, a U.O. Note was received from the office of Hon’ble the Chief Minister for transferring the petitioner from Sub Treasury Paonta Sahib, District Sirmaur to Sub Treasury Rajgarh or Sub Treasury Shillai, District Sirmaur; Another U.O. Note was received from the same office on 24.10.2025 directing that the petitioner posted at Sub Treasury Paonta Sahib, District Sirmaur be not disturbed from his present place of posting.

The office instructions are very categoric that the petitioner had been serving at Sub Treasury Office, Paonta Sahib, District Sirmaur for almost 10 years. The impugned transfer order dated 20.12.2025 was issued in bona fide exercise of administrative exigency, in view of staff position at Sub Treasury Office, Shillai, as also in public interest. The respondents have also given the staff position of the stations as under: -

From the instructions on record, it is evident that the petitioner has continued to serve not only in District Sirmaur ever since his initial appointment on 17.09.2012 but, within District Sirmaur also, he has more or less remained posted at Sub Treasury Paonta Sahib. In fact, he has