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2026:HHC:9881

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 4328 of 2026 Decided on : 02.04.2026 Ashwani Mehta …Petitioner Versus State of Himachal Pradesh and others

…Respondents Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?

For the petitioner : Mr. Rajesh Kumar, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents

No.1 to 3.

Ajay Mohan Goel, Judge (Oral g Notice confined to respondents No.1 to 3. Mr.

iPushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the said respondents.

2. The grievance of the petitioner, who is presently serving at GMS Julakhari, District Chamba, is that in terms of the impugned transfer order (Annexure P-1), he has been transferred to GSSS Mehla, District Chamba, ignoring the fact

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

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2026:HHC:9881 that Mehla is a Sub-Cadre area and he had earlier served in

GSSS Ganed, Tissa, which is a hard area.

3. On a query put to the learned counsel for the petitioner, he informed the Court that the petitioner since the year 2015 has been serving within a vicinity of 3-5 Kms, that is to say that the petitioner earlier served at Chamba from 2015 up to 2023 and since then, he has been serving at GSSS Julahkari. The distance between Chamba and Julahkari is

stated to be less tuhan 5 Kms.

4. Ino this view of the fact that the petitioner has served within Ca vicinity of 5 Kms for more than 11 years, though the Court is not quashing the transfer order of the petitioner, but this petition is disposed of with the direction that in the event of the petitioner filing a representation to the competent Authority for his posting in an area, which is neither tribal nor hard or Sub-Cadre, appropriate order be passed thereupon and the petitioner be stationed in any area, which is a soft area, in

District Chamba.

5. As observed hereinabove, the representation to be filed by the petitioner within a period of one week and decision

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2026:HHC:9881 thereupon be taken by the Authority concerned, within a period of two weeks as from the date of the receipt thereof. Till then, the petitioner shall not be forced to join the station to which he stands transferred and he can avail the kind of leave due to

him.

6. Pending miscellaneous application(s), if any, also

stand disposed of accordingly.

(Ajay Mohan Goel)

Judge April 02, 2026

(Shivank Thakuro)

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