Amin Chand Vs the State of Hp and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.8491 of 2025

Date of Decision:22.05.2025

____________________________________ Amin Chand	___________________ …….Petitioner
Versus
State of Himachal Pradesh & others	… Respondents
____________________________________ Coram:	___________________

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioner: Mr. Dinesh Thakur, Advocate. For the Respondents : Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents/State. ____________________________________________________ Sandeep Sharma, Judge (oral):

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Petitioner herein, who at present is working as TGT(Non-

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Medical), is aggrieved of impugned transfer order dated 23.04.2025 (Annexure P-1), whereby he has been transferred from Government Middle School, Jangal-Jhaleda u/c Government Senior Secondary School Kandraur, District Bilaspur, Himachal Pradesh to Government Senior Secondary School Deothi Balson, District Shimla, Himachal Pradesh vice Sh. Rajender Kumar TGT(NM), respondent No.4.

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Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that though transfer of the petitioner has been effected on the basis of influence used by private respondent, who

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

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otherwise has been serving within the radius of 30 KM from Government Middle School, Jangal-Jhaleda u/c Government Senior Secondary School Kandraur, District Bilaspur, Himachal Pradesh, but yet petitioner with a view to comply with the transfer order though attempted to give his joining at Government Senior Secondary School Deothi Balson, District Shimla, Himachal Pradesh, but same was not accepted by the principal of the school concerned on the pretext that at present no post is lying vacant, rather post against which, petitioner has been transferred has been filled up by Sh. Dinesh Jaryal TGT(NM). Since petitioner has been not permitted to join at the transferred station and in his place respondent No.4 has already joined at Government Middle School, Jangal-Jhaleda, petitioner herein is without posting.

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Having regard to the nature of the prayer and order proposed to be passed, this Court sees no necessity to call for reply on behalf of the respondents, who are otherwise represented by Mr. Ravi Chauhan, learned Deputy Advocate General. Learned Deputy Advocate General having taken note of the averments contained in the petition as well as submission made by learned counsel for the petitioner, fairly states that fresh transfer order is required to be issued in the case of the petitioner.

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For the reasons stated hereinabove, without going into the merits of the case, present petition is disposed of, with a direction

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to the respondents to issue fresh posting order of the petitioner within a period of one week, but while doing so, respondents may take note of the fact that petitioner has already served in tribal area for more than five years before his posting at Government Middle School, Jangal-Jhaleda, whereas private respondent always remained posted within the radius of 30 Km of his present place of posting. During the proceedings of the case, this Court also came to be apprised that one post of TGT(NM) is lying vacant at Government Middle School, Nehran u/c Government Senior Secondary School Kothi, District Bilaspur, Himachal Pradesh. If possible, respondent may consider transfer of the petitioner in the afore school or any other school in the vicinity. While doing the needful in terms of instant order, respondents shall afford an opportunity of hearing to the petitioner, if required. Since there is no fault, if any, of the petitioner, rather in compliance to transfer order dated 23.04.2025, he offered his joining, but same was refused, this Court sees no reason for withholding his salary and as such, respondents are also directed to ensure that salary, if any, payable to the petitioner, shall be paid/released expeditiously, preferably within a period of one week. Pending applications, if any, also stand disposed of.

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(Sandeep Sharma), Judge

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May 22,2025 (shankar)

Amin Chand v. the State of Hp and Others

Case brief

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Amin Chand v. the State of Hp and Others

Case brief

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