Transfer - Employee suffering from medical ailment adjusted at a specific location cannot be disturbed
Himachal Pradesh High Court Quashes Premature Transfer of Lecturer Due to Medical Condition
News Report:
Shimla, September 18, 2025 - In a significant ruling, the Himachal Pradesh High Court has quashed the premature transfer of Suresh Kumar, a Lecturer in Chemistry, who was relocated from Government Senior Secondary School (GSSS) Tauni Devi, District Hamirpur, to GSSS Saleti, District Kangra. The court upheld the importance of considering medical conditions under transfer policies, stressing that employees should not be disturbed before completing their normal tenure unless exceptional circumstances arise.
The judgment, delivered by Justice Jyotsna Rewal Dua, addressed the grievances of Suresh Kumar, who was transferred to accommodate another employee, respondent No.3, despite his ongoing kidney ailment. Kumar's medical condition had previously led to his adjustment at GSSS Tauni Devi, Hamirpur, where he sought to complete his normal tenure of three years.
The case traces back to Kumar's initial transfer from GSSS Kakriar, Hamirpur, to GSSS Saleti, Kangra, contested in the writ petition, CWP No.6079 of 2023. Kumar argued that his prolonged posting in Hamirpur was due to his health issues, notably a non-functioning kidney, which necessitated his presence in the district.
The court had earlier disposed of Kumar's petition, allowing him to submit a representation to the competent authority, seeking suitable adjustment in line with the transfer policy. Consequently, Kumar was reassigned to GSSS Tauni Devi, Hamirpur, vice respondent No.3, who moved to GSSS Saleti, Kangra, per the office order dated September 30, 2023.
However, two years later, respondent No.3 sought to return to GSSS Tauni Devi, Hamirpur, prompting the issuance of the contested transfer order on June 25, 2025. This move was stayed by an interim court order on July 28, 2025.
Justice Dua emphasized the importance of adhering to the established transfer policy and respecting the medical conditions of employees. She noted that neither Kumar nor respondent No.3 had completed their standard tenures at their respective postings, set to conclude in a year.
The court's decision underscores the principle that employees should not face relocation before completing their designated tenure unless justified by substantial reasons. Justice Dua remarked that while the petitioner’s health condition was a crucial factor in his placement, the respondents had not provided compelling reasons to justify his premature transfer.
The ruling allows for reconsideration of the transfer cases of both Kumar and respondent No.3 after they complete their normal tenure, highlighting the need for balance between administrative decisions and individual health considerations.
This judgment reinforces the significance of compassionate and policy-driven decision-making within employment practices, particularly in public service roles where personal health may impact professional responsibilities. The case, while settled, leaves room for future adjustments post-tenure completion, ensuring fairness and adherence to established policies.
The High Court’s decision is expected to guide future transfer policies, emphasizing the need to weigh employee health alongside administrative requirements, thereby fostering a more considerate and equitable work environment in Himachal Pradesh's public sector.
Suresh Kumar v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2780946
