IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3889 of 2011 Decided on: 30th May, 2011. Mohan Lal. …Petitioner. Versus State of H.P. & ors. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. V.B. Verma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for respondents No. 1 to 5. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved by Annexure P-4, order of transfer. Among other grievances, it is stated that the petitioner’s mother is old and is ailing from cancer. It is further stated that the minor children of the petitioner would be put to serious difficulty in case the transfer is made in the middle of the academic session. The fact remains that the petitioner has completed his normal tenure. According to the petitioner, there are other vacancies available. All these aspects, the petitioner may point out before the third respondent by way of appropriate representation, in which case the third respondent will look into the matter and take appropriate action in accordance with law, justice and equity within two weeks from the date of production of a copy of 2 this judgment along with a copy of the writ petition before the Deputy Director by the petitioner. The second respondent will also conduct an enquiry as to how the private respondent is permitted to join duty without duly relieving the petitioner and further steps will be taken to recover the salary of one of the incumbents from the erring officer. As far as the petitioner is concerned, he may not be compelled to join the transferred station till orders, as above, are passed and it will be open for him to avail leave of the kind due. 2. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 30th May, 2011. (Justice Sanjay Karol), (tr) Judge. 3