Disposed

Praveen Kumar Rathour v. the State of Hp and Others

Himachal Pradesh HC18 Sept 2026CWP/16284/2026

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by a Principal nearing retirement, granting him liberty to submit a comprehensive representation to the competent authority within one week for adjustment at a preferred station. The authority is directed to decide the representation within a further week, considering the applicable transfer policy and the petitioner's impending retirement. The petitioner may avail leave in the interim, but the protection lapses if no representation is filed within the stipulated time.

What did the court decide?

Petitioner granted liberty to file representation within one week; competent authority directed to decide it within a further week considering transfer policy and impending retirement; petitioner may avail leave in interim; protection lapses if representation not filed in time.

Praveen Kumar Rathour Vs the State of Hp and… — Service and Employment | Himachal Pradesh HC (2026)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.16284 of 2026 Decided on: 18^th September, 2026

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Parveen Kumar Rathour

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…..Petitioner

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Versus

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State of H.P. and another

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.....Respondents

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Ms. Heena Chauhan, Advocate.

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For the Respondents: Mr. Anup Rattan, Advocate General with Ms. Menka Raj Chauhan, Deputy Advocate General.

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Jyotsna Rewal Dua, Judge

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Notice. Ms. Menka Raj Chauhan, learned

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Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

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2. Petitioner is serving as Principal in the respondent-Education Department. Currently, he is deployed in the office of the Deputy Director of School Education, Mandi. His grievance is to the office order dated 21.08.2026 (Annexure P-2), whereunder, he has been

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

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transferred against the vacant post of Principal, GSSS Sari, District Mandi.

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3. Learned counsel for the petitioner submits that the petitioner is left with just about six months to superannuate. He is due to retire in March, 2027 and for that reason, seeks his adjustment at a place of his preference, as indicated in the representation dated 04.05.2026 (Annexure P-3 Colly.). Learned counsel further submits that the petitioner has not yet joined at the transferred station. That the petitioner would be satisfied in case he is permitted to make a comprehensive representation to respondent No.1/competent authority for his adjustment and the said authority is directed to decide the same in accordance with law within a fixed time schedule. Learned Deputy Advocate General is not averse to this prayer.

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4. Keeping in view the impending retirement of the petitioner, this writ petition is disposed of reserving liberty to the petitioner to prefer a representation to respondent No.1/competent authority within a week from today. In case such a representation is so made, the same shall be considered and decided by the said authority in accordance with law, keeping in view the applicable transfer policy as

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also petitioner’s impending retirement, within a week thereafter. The decision so arrived at shall also be communicated to the petitioner.

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Till such time, the petitioner shall be at liberty to avail leave of the kind due. It is, however, clarified that in case the petitioner does not prefer representation within the period indicated above, the limited protection made available to him under this order shall cease to have any effect after one week.

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The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.

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September 18, 2026 Mukesh

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Jyotsna Rewal Dua Judge

Praveen Kumar Rathour v. the State of Hp and Others

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Praveen Kumar Rathour v. the State of Hp and Others

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