IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.51 of 2026

Date of Decision: 02.01.2026

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Santosh Kumar ……..Petitioner

Versus H

State of H.P. and Others ….Respondents

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Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹

For the Petitioner: Ms. Anuja Mehta, Advocate.

For the Respondents: Mr. Rajan Kahol, Additional Advocate General,

with Mr. Ravi Chauhan, Deputy Advocate

General, for State.

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Sandeep Sharma, Judge (oral):

Petitioner herein, who at present is working as Assistant

Professor (Hindi) at PG College, Chamba, District Chamba, is aggrieved of order dated 26.12.2025 (Annexure P-3), whereby he has been

transferred from afore College to Government College, Pangi.

2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Ms. Anuja Mehta, learned counsel representing the petitioner is that impugned transfer order is in violation of the Transfer Policy, formulated by the Government of Himachal Pradesh, because petitioner herein could not have been transferred to hard/tribal area for the reason that he has already

completed normal tenure of posting in hard/tribal area.

3. Having regard to the nature of prayer made in the instant petition and order proposed to be passed, this Court sees no necessity

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

to call for the reply on behalf of the respondents, who are otherwise represented by Mr. Rajan Kahol, learned Additional AdvocateP General.

Mr. Kahol states that petitioner has not completed normal tenure of posting, rather he remained posted at Lylhkothi, District Chamba, for a period of one year on deputation basis. He s tates that distance of Lylhkothi from Chamba is hardly 28 kilometers.

4. Having carefully perused averments contained in the petition, which is duly supported by affidavit, this Court finds that petitioner, who was initially appointed as Assistant Professor (Hindi) at PG College, Chamba, on PTA basis in the year 2006, was regularised in the year 2018. In the year 2017, petitioner was sent on deputation to Government College Lylhkothi, District Chamba, which is a tribal area for a period of one year. Again, vide office order dated 20.09.2023 (Annexure P-1), petitioner as well as another person namely Mr. Prashant Raman Ravi were deputed in rotation for fifteen days at HGovernment College Lylhkothi, District Chamba.

5. Since issuance of aforesaid office order, petitioner had been going to Government College Lylhkothi for fifteen days in every month. If aforesaid period of 15 days is counted w.e.f. 20.09.2023, he can be right in contending that he has completed normal tenure of posting i.e. two winters and three summers. In addition to work rendered by petitioner in terms of order dated 20.09.2023, petitioner has already worked on Lylhkothi on deputation basis for a period of one year w.e.f.

year 2017 till 2018. Transfer Policy, formulated by the Government of Himachal Pradesh, clearly provides for one tenure at hard/tribPal area i.e.

two winters and three summers. Since petitioner has already completed aforesaid period, may be in piecemeal, but certainly he could not have been transferred to hard/tribal area again.

6. Consequently, in view of the above, this Court is persuaded to accept the prayer made in the instant petition and accordingly, the the same is allowed. Impugned order dated 26.12.2025 (Annexure P-3) is quashed and set aside. Since petitioner has already completed normal tenure of posting at present place of posting, coupled with the fact that he has already served in hard/tribal area, he may file representation to the competent authority, praying therein for his transfer at a convenient station, which in-turn shall be decided by the competent authority expeditiously, preferably, within a period of