IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) 8690 of 2008. Decided on June 2, 2011. Suresh Kumar Sharotri … Petitioner. Versus State of H.P. & others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the petitioner Mr. Adarsh Kumar Vashishta, Advocate. For the respondents Mr. Ramesh Thakur, Asstt. A.G. Surjit Singh, Judge (oral) Heard and gone through the record. 2. Petitioner is a Non-Medical Trained Graduate Teacher, working in Education Department of the State of H.P. He was working in Government School at Banoori, in December, 2001, when order Annexure A-1, transferring him to Government High School, Dramman was issued. In compliance with that order of transfer, he was relieved by the Principal of Banoori School, vide order Annexure A-2, which is dated 17.1.2002. After availing joining time, he submitted joining report on 28.1.2002, to Headmaster of Dramman School. Headmaster of Dramman School wrote to Deputy Director (Education), Kangra at Dharamsala, that there Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? - 2 - was no post of Non Medical Trained Graduate Teacher in his school and sought clarification, vide letter dated 28.1.2002, copy Annexure A-4. There was no response to Annexure A-4. A reminder was, therefore, issued on 13.2.2002, which is Annexure A-5. Then there was an order, Annexure A-6, dated 12.4.2002 and the petitioner was transferred to Bindraban School. He joined there on 16.4.2002, per certificate Annexure A-7. 3. Petitioner was asked to apply for leave of the kind due, for the period, from 10.12.2001 to 31.3.2002, vide letter dated 28.6.2007, copy Annexure A-19. 4. Petitioner was again transferred from Dramman to Serimolag School. He filed an Original Application before the erstwhile H.P. Administrative Tribunal, challenging his transfer. During the pendency of that petition, he was transferred from Serimolag to Nandholi School, vide order dated 18.10.2003, copy Annexure A-8. He was relieved by the Principal of Bindraban School, on 22.3.2004, vide Annexure A-9, with direction to join at Nandholi. Petitioner submitted his joining report, Annexure A-10 on 29.3.2004. His joining report was not accepted, as there was no vacant post of Non Medical TGT. He immediately informed the Director (Education) telegraphically; vide telegram, Annexure A-11. The same day, he made representation also, which is Annexure A-11-A. On 8.6.2004, order Annexure A-12 was issued, adjusting the petitioner in Government School, Kosri. He submitted joining report, Annexure A-13, on 15.6.2004 to the Headmaster of Kosri school, but was not allowed to join, as there was no vacant post - 3 - of Non Medical TGT in that school. Again, petitioner wrote to the Director (Education). Another order of adjustment, Annexure A-15, was issued on 13.7.2004 and he was adjusted at Government School, Dhupkaria, where he joined on 15.7.2004, vide Annexure A-16. He was required to apply for leave of the kind due, for the period from 1.3.2004 to 14.7.2004, by the same communication, by which he was required to apply for leave of the kind due, from 10.12.2001 to 31.3.2002, Annexure A-19. 5. Petitioner is aggrieved by this communication, annexure A-19. His contention is that when he had not been allowed to join at the places, to which he had been transferred or where he had been adjusted during the period, from 10.12.2001 to 31.3.2002 and then from 1.3.2004 to 14.7.2004, how can he be asked to apply for the leave of the kind due? 6. In reply, respondents have stated that since there were no vacancies at the schools, where petitioner had been transferred and because of that he did not do any work, he has been called upon to apply for the leave of the kind due. 7. It were the respondents, who transferred the petitioner to schools, where vacancies were not there. Petitioner had been relieved, pursuant to the orders of his transfer to various schools, where vacancies were not there. He was not allowed to join at the places, to which he had been transferred or where he had been adjusted, because of non availability of vacancies. Petitioner cannot be blamed for his transfers to places, where vacancies were not there and because of which, he could not join. It were the respondents who, without caring whether any - 4 - vacancy was available or not, transferred the petitioner to different schools, where such vacancies were not available. Therefore, petitioner cannot be made to suffer, by applying for the leave of the kind due, for the periods, for which he was not allowed to join, at places where vacancies were not available. 8. Above-stated position apart, during first spell, from 10.12.2001 to 31.3.2002, petitioner worked at Dramman, upto 17.1.2002. Similarly, during second spell, for which he has been asked to apply for the leave of the kind due, i.e. from 1.3.2004 to 14.7.2004, he worked upto 22.3.2004, at Bindraban School. 9. For the foregoing reasons, writ petition is allowed. Communication, Annexure A-19, to the extend it calls upon the petitioner to apply for the leave of the kind due, is quashed and the respondents are directed to release the salary for the aforesaid two spells, i.e. from 10.12.2001 to 31.3.2002 and 1.3.2004 to 14.7.2004, to the petitioner, in case the same has already not been released , with interest @ 9% and also to pay costs of Rs.5,000/-, within three months, from the date of this order, i.e. 2.6.2011. June 2, 2011(PC) (Surjit Singh ), J.