IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 11180 of 2011-D. Decided on: 15th December, 2011. Parbarser Singh son of Sh. Charan Singh, R/O village Karsoli, P.O. Kalibari, Tehsil Nalagarh, Distt. Solan, H.P. Presently working as Assistant Engineer in the office of Chief Engineer-cum-Project Director, State Roads Project, HP Roads and other Infrastructure Development Corporation, Nirman Bhawan, HPPWD, Nigam Vihar, Shimla. … Petitioner. Versus State of H.P. through its Principal Secretary (PWD) to the Govt. of H.P. Shimla-2. … Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Neel Kamal Sood, Advocate. For the Respondent : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) Directions may kindly be issued to the respondent to consider the case of the petitioner for adjustment/posting from the office of Chief Engineer- cum-Project Director State Roads Project, H.P. Roads and other Infrastructure Development Corporation, Nirman Bhawan, HPPWD, Nigam Vihar, Shimla to B & R Sub Division, Ramshehar, Tehsil Nalagarh, Distt. Solan against the vacant post, which is still lying 2 vacant (by condoning short stay) for the reasons, that the case of the petitioner is covered under the transfer policy, because the petitioner has already served for more than three years in tribal area and also that the case of the petitioner is covered as couple case, under the provisions of transfer policy. (ii) Further directions be issued to the respondent not to fill up the post of Assistant Engineer, which is lying vacant at B&R Sub Division, Ramshehar, Tehsil Nalagarh, Distt. Solan.” 2. There will be a direction to the respondent to consider the representation filed by the petitioner including the latest representation Annexure P-5 and take appropriate action in accordance with law. This shall be done within 10 days from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner before the respondent. While taking the decision, as above, the submission of the petitioner that being a couple case, in terms of the policy, since his wife is working at Government Middle School, Aduwal, Nalagarh, he is entitled for consideration of posting near to the place of posting of his wife, shall also be considered. 3. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 15th December, 2011. (Justice Rajiv Sharma), (tr) Judge. 3