Sanjeev Kumar v. State of HP and Others

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.16505 of 2026

Decided on: 06.10.2026 _________________________________________________________________ Sanjeev Kumar

....Petitioner

Versus State of H.P. & Ors.

…Respondents _________________________________________________________________ Coram

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Arun Sehgal, Advocate.

For the respondents: Mr. Sikandar Bhushan, Deputy Advocate General.

Jyotsna Rewal Dua, Judge

Heard and considered the case file.

2.

Petitioner is serving as TGT (NM) at GMS Paplothar, U/C GHS Niar, District Kangra. He has completed more than four years of tenure at GMS Paplothar. On

29.08.2026, petitioner was transferred to GSSS Shiva Kuther, District Mandi, vice one Shri Mohit Sharma (not impleaded in this petition). Even though petitioner was relieved from GMS Paplothar on 07.09.2026 (Annexure P-2), he did not join at the transferred school. On 11/12.09.2026, petitioner was

Whether reporters of Local Papers may be allowed to see the judgment? yes

reflected as under transfer from GMS Paplothar to GSSS Shiva Kuther and then as such transferred to GMS Dhaunta, District Kangra (Annexure P-3 & P-4). During hearing of the case, learned counsel for the petitioner, apprised that distance between Paplothar and Dhaunta is around 20-25 km. Perhaps for this reason, petitioner chose to join at Dhaunta on 15.09.2026 (Annexure P-5). The aforesaid office order, however, had been cancelled by the respondent authority on 15.09.2026 itself (Annexure P-6) and fresh order was passed transferring the petitioner to GSSS Kherian (Annexure P-7), reflecting the petitioner as under transfer from GMS Paplothar to GSSS Shiva Kuther. Petitioner's transfer to GSSS Kherian was vice one Shri Rajesh Kumar (not impleaded in the writ petition), who admittedly is serving as Enumerator in Census 2027 and, therefore, cannot be shifted prior to 31.03.2027. In the aforesaid background, petitioner has instituted this writ petition seeking directions to let him continue to serve at GMS Dhaunta.

3.

Learned Deputy Advocate General has placed on record office order dated 23.09.2026. In terms of said office

order, petitioner stands adjusted at GSSS Kherian, vice Shri Rajesh Kumar under office order dated

23.09.2026. However, on account of Shri Rajesh Kumar presently discharging census duties, petitioner is to join at GSSS Kherian after the completion of census duty of Shri Rajesh Kumar, i.e. by 31.03.2027. It is thereafter that petitioner would be permitted to join at GSSS Kherian, District Shimla. Admittedly petitioner had completed more than normal tenure at Paplothar. Petitioner is apparently unwilling to serve at GSSS Shiva Kuther, which according to him is at 100 K.M. distance from current place of posting. The mere reason that transferred station is at a distance of about 100 K.M. from petitioner's current place of posting, is not enough to quash the transfer order. Further, though the petitioner has now been transferred to GSSS Kherian, which is at a distance of just about 20–25 KM from his current place of posting, the petitioner can serve at Kherian only after completion of census duties by Shri Rajesh Kumar. Till such time, petitioner is to serve at GSSS Shiva Kuther.

4.

With the above observations, petition stands disposed of.

Pending miscellaneous application(s), if any, also stand disposed of.

Jyotsna Rewal Dua

Judge October 6, 2026 R.Atal