IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 6059 of 2011 Date of decision: 18.8.2011 ------------------------------------------------- Nirmal Garg Petitioner. Versus State of H.P. & another. Respondents Coram: The Hon’ble Mr. Justice V.K. Ahuja, J. For the petitioner: Mr. Bipin C. Negi, Advocate. For the respondent: Mr. J.S. Guleria,Asstt.A.G. No.1. Justice V.K. Ahuja(Oral): The petitioner, who is posted as a Lecturer in Economics in Government Degree College, Ghumarwin, District Bilaspur, has been transferred to Government College, Nerwa, vide order dated 20.7.2011, Annexure P-6. 2. Notice of the petition was issued to the respondent-State. No notice was issued to the private respondent Shri Shayam Lal. 3. I have heard the learned counsel for the parties. The impugned order Annexure P-6 was passed in pursuance of the judgment of this Court dated 02.06.2011, in CWP No.4061 of 2011, titled 2 Sh. Shayam Lal vs. State of HP & Ors., wherein the respondent Shayam Lal had challenged his transfer order from Government College, Ghumarwin to Government College, Nerwa. The Court had passed an order directing that the matter be treated as a representation, which was decided by the Principal Secretary(Education) to the Government of Himachal Pradesh. Vide the impugned order the petitioner, who was posted at Ghumarwin, has been shifted to Government College, Nerwa. 4. The petitioner is aggrieved by the impugned order, since his submissions are that his stay at Bilaspur and Ghumarwin has been clubbed and it has been observed in the impugned order that he was posted within the radius of 25 Kms. hence, he has been transferred. The submissions made by the learned counsel for the petitioner are that since the Government College, Ghumarwin, as per the certificates Annexures P-3 to P-5, does not fall within the Municipal Limits of Ghumarwin, therefore, the norm of 15 Kms. in Rural area should be applied in considering the 3 stay at Ghumarwin. The petitioner has also taken a plea in regard to the House Rent being paid to the petitioner while serving in the Government Degree College, Ghumarwin. At Ghumarwin the petitioner is being paid House Rent Allowance in accordance with the rates admissible to be paid in a Rural area while the petitioner was being paid House Rent Allowance at Bilaspur in accordance with the rates as admissible in an Urban area. Both these grievances the petitioner shall put up before respondent No.1 within one week from today and the said representation shall be decided by respondent No.1 within a period of two weeks from the date of receipt of the representation. If necessary, notice should also be issued to respondent No.2 Shri Shayam Lal by respondent No.1, if he is to be effected by the proposed transfer order and he may be heard accordingly. After hearing both the parties, the orders shall be passed by respondent No.1 accordingly. During the period the representation is not decided, the petitioner may avail the leave of the kind due. 4 5. With these observations, the writ petition stands disposed of. Pending application(s), if any, shall also stand disposed of. Copy Dasti. August 18, 2011 (V.K. Ahuja) (mlg) Judge