Raj Kumar Vs the State of Hp and Others

Notice confined to respondents No.1 to 3 which is waived by learned Deputy Advocate General. Considering the pleadings, submissions made by learned counsel for the parties, the order impugned herein and the order being passed hereinafter, notice of this petition is not required to be issued to respondent No.4.

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2. With the consent of learned counsel for the parties, matter is heard at this stage.

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3. Petitioner- Raj Kumar is serving as Assistant Professor Hindi in the respondent-Education department.

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

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Another Assistant Professor, Hindi by the name of Raj Kumar instituted CWP No.11822/2025 with the grievance that he had completed requisite tenure at hard and tribal area of Pangi, District Chamba but his representation seeking transfer from Government College, Pangi, District Chamba, H.P to a station of his choice was not being decided by the competent authority. The said writ petition was decided on 23.07.2025 with direction to the competent authority to decide the representation of said Shri Raj Kumar in accordance with law within four weeks. Pursuant thereto, the respondents issued notification on 15.12.2025 (Annexure P-2) transferring Raj Kumar (petitioner in CWP No. 11822/2025) to Government College, Mandi, District Mandi vice present petitioner-Raj Kumar.

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4. Learned counsel for the petitioner submits that present petitioner could not have been transferred to Government College, Pangi, District Chamba as he had already served for the requisite tenure at hard/ tribal area Govt. College, Bharmour, District Chamba w.e.f. 17.08.2010 to 05.09.2013. It was further pointed out that petitioner is presently above 57 years of age and left with less than two years to superannuate, therefore, in terms of clauses 5.5 and 12.1 of the transfer policy could not have been

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transferred to tribal area rather he should have been accommodated at a station of his preference in view of his impending retirement.

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In view of above submissions made by learned counsel for the petitioner which prima-facie appear to carry force this writ petition is disposed of with following directions:-

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i) The impugned notification dated 15.12.2025 (Annexure P-2) shall remain intact in so far as transfer of Sh. Raj Kumar (petitioner in CWP No.11822/2025)- present respondent No.4 at Govt. College, Mandi is concerned.

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ii) Present petitioner shall be at liberty to make a representation to respondent No.1/ competent authority with his grievance against his transfer under the impugned notification to Government College, Pangi, District Chamba. In case such representation is made within 05 days, the same shall be considered and decided in accordance with law and relevant provisions of applicable transfer policy within one week thereafter.

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iii) Till decision of the representation, petitioner shall not be compelled to join at transferred station i.e. Govt. College, Pangi, District Chamba. It is further made clear that in case representation is not preferred by the

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petitioner within the indicated timeline, the limited protection made available to him under this order shall stand automatically vacated. Pending miscellaneous application(s), if any, shall also stand disposed of.

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December 17, 2025 yogesh

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Jyotsna Rewal Dua Judge

Raj Kumar v. the State of Hp and Others

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Raj Kumar v. the State of Hp and Others

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