Jagmesh Kumar Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Jagmesh Kumar Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: representation (for cancellation of transfer vide Annexure P-1 dated 25.06.2025 or adjustment at another station) to be filed within one week and decided sympathetically by the competent authority within two weeks of receipt; till such decision, petitioner not to be forced to join Gram Panchayat Ras, Development Block Shillai and permitted leave of kind due; pending miscellaneous applications disposed of accordingly.

Issue for consideration

Whether the petitioner's transfer as Gram Panchayat Secretary to a station more than 100 kms from his present place of posting should be interfered with, given that he has three minor daughters and an ailing wife to look after.

Court's answer

The petition is disposed of with the direction that if the petitioner files a representation within one week for cancellation of his transfer (Annexure P-1 dated 25.06.2025) or for adjustment at some other station, the competent authority shall decide it sympathetically within two weeks from the date of receipt thereof.

Ratio / Principle

As interim protection, till decision on the representation the petitioner shall not be forced to join at Gram Panchayat Ras, Development Block Shillai and may avail leave of the kind due; pending miscellaneous applications, if any, also stand disposed of accordingly.

Detailed headnote1 paragraphs

Service law — Transfer — Compassionate grounds — Interim protection. Petitioner, a Gram Panchayat Secretary, challenged his transfer (Annexure P-4/Annexure P-1 dated 25.06.2025) from Gram Panchayat Neri-Kotli, Development Block Rajgarh to Gram Panchayat Rast/Ras, Development Block Shillai — a station more than 100 kms away — citing three minor daughters and an ailing wife (Medical Certificate Annexure P-5). The High Court (Ajay Mohan Goel, J., orally) disposed of the CWP directing that a representation to be filed within one week for cancellation of the transfer or adjustment elsewhere be decided sympathetically by the competent authority within two weeks of receipt; till such decision the petitioner was not to be forced to join the new station and could avail leave of kind due; pending miscellaneous applications stood disposed of accordingly.

2026:HHC:5511

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 2438 of 2026

Decided on: 03.03.2026

Jagmesh Kumar …….Petitioner Versus State of Himachal Pradesh and others … Respondents Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

_____________________________________________________ For the petitioner : Mr. Karun Negi, Advocate. For the respondents : Ms. Leena Guleria, Deputy Advocate General for respondents – State. Ajay Mohan Goel, Judge (Oral)

Notice. Ms. Leena Guleria, learned Deputy Advocate General, accepts notice on behalf of the respondents.

The petitioner has approached this Court feeling aggrieved by his transfer in terms of Annexure P-4 as a Gram Panchayat Secretary from Gram Panchayat Neri-Kotli, Development Block Rajgarh, to Gram Panchayat Rast, Development Shillai.

Learned Counsel for the petitioner has submitted that the petitioner has been transferred to a station which is more than 100 kms away from his present place of posting and he has three minor daughters and ailing wife to look after. The ailment of wife of

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

2

2026:HHC:5511

the petitioner is evident from Medical Certificate Annexure P-5.

In light of the circumstances which have been enumerated by learned Counsel for the petitioner, this petition is disposed of with the direction that in the event of the petitioner filing a representation within one week from today for cancellation of his transfer effected vide Annexure P-1, dated 25.06.2025, or for his adjustment at some other station, the same be decided by the competent authority, sympathetically, within two weeks from the date of receipt thereof. Till decision on the representation, the petitioner shall not be forced to join at Gram Panchayat Ras, Development Block Shillai and he may be allowed to avail the leave of kind due. Pending miscellaneous application(s), if any, also stand disposed of accordingly.

(Ajay Mohan Goel) Judge

March 03, 2026 ( narender )