CWP/5842/2026 on 4 November 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.5842 of 2026

Decided on: 4th November, 2026

------------------------------------------------------------------------------------- Dr. Pravesh Sharma

…..Petitioner

Versus

State of H.P. and others

.....Respondents

-------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?1

For the Petitioner:

Mr. Vikrant Thakur, Senior Advocate

with Ms. Shivani Priya, Advocate.

For the Respondents: Mr.

Rajat

Choudhry,

Assistant

Advocate General.

------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Petitioner is serving as Assistant Professor (Physical Education)

in

the

Department

of

Higher

Education, Himachal Pradesh. Vide notification issued on 17.04.2026 (Annexure P-2), the respondents transferred him from Government College Banjar, District Kullu to Government College Bilaspur, District Bilaspur. The very next day, i.e. 18.04.2026, respondents issued another notification, cancelling petitioner’s transfer to Government College Bilaspur ordered on 17.04.2026. The same day, i.e.

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

18.04.2026, petitioner statedly in compliance to notification dated 17.04.2026, furnished his joining report at Government College Bilaspur. Feeling aggrieved against notification dated 18.04.2026, cancelling his transfer ordered on 17.04.2026, the petitioner has instituted this writ petition.

Pursuant to the interim order passed in his favour on 22.04.2026, the petitioner is continuing to serve at Government College Bilaspur.

2.

Heard and considered the case.

3.

The respondents in their reply have pleaded that the petitioner has remained posted at Government College Ghumarwin, District Bilaspur, i.e. within a radius of 30

kilometers from his residence with effect from his initial appointment in the year 2001 till 2010. Thereafter also, the petitioner remained posted at Government College Bilaspur w.e.f. 2010 to 2023. The distance of Government College Bilaspur from his home is stated to be less than one kilometer. This incumbency of the petitioner has gone un-rebutted. The obvious inference is that ever since 2001

till 2023, the petitioner has remained posted in District Bilaspur for 10 years within a radius of 30 kilometers from his residential address and for the next 13 years, at a

distance of less than one kilometer from his home.

Petitioner’s posting at Banjar was in June, 2023. Somehow, on completion of the requisite tenure at Government College Banjar, District Kullu, which was petitioner’s first posting outside District Bilaspur, he was again transferred under notification issued on 17.04.2026 to Government College Bilaspur.

4.

Keeping in view the following incumbency position of the petitioner indicated by the respondents in their reply, I am inclined to accept the reasons given by the respondents for cancelling petitioner’s transfer from Government College Banjar to Government College Bilaspur:- S.

No.

Name of College

Period

Approx. Distance

from home