IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 8775 of 2011-H Date of Decision: 05.12.2011 Rajesh Kumar, S/o Sh. Prem Chand, R/o VPO Dhamrol, Tehsil Bhoranj, District Hamirpur H.P. presently working as Lecturer (Mathematics) in Govt. Sr. Sec. School Nagrota Surian (Kangra) to Govt. Sr. Sec. School Tharoch, Shimla, H.P. …….. Petitioner Versus 1. State of Himachal Pradesh through its Principal Secretary (Education), Shimla-2 2. Director of Higher Education Himachal Pradesh Shimla- 171001. 3. Principal Sen. Sec. School Nagrota Surian, District, Kangra (H.P.). ……… Respondents Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Lalit K. Sharma, Advocate. For the respondents : Mr. Vinod Thakur, learned Dy. Advocate General. Justice Sanjay Karol, J. (Oral) Petitioner has prayed for the following reliefs:- “a. That impugned transfer order dated 16.08.2011 Annexure P/5 issued by the respondent No.2 may kindly be set aside and quashed and the respondent may be directed to set aside and quashed and the respondent may be directed to allow the petitioner to continue to Whether reports of Local Papers may be allowed to see the judgment? 2 discharge his duty as lecturer (mathematics) in Govt. Sr. Sec. School Nagrota Surian (Kangra). b. That in alternatively the respondent No.2 may kindly be directed to pass the order of the transfer/posting of the petitioner in Govt. Sr. Sec. School Bathra (Tehsil Jaswan), District Kangra H.P. against vacancy the proposal whereof has been already been approved by the Government. c. That the respondent No.2 may further be directed to consider the case of the petitioner for his posting/adjustment in either of station in district Hamirpur against the lecturer having the longer stay vis-à-vis to the petitioner towards the meeting the requirement of posting against choice station on the basis of the petitioner had already served in the tribal area. d. Any other relief which this Hon’ble court may deem fit may kindly be passed in favour of the petitioner.” 2. In terms of Office order dated 16th August, 2011, petitioner was transferred from Government Sr. Secondary School, Nagrota Surian, District Kangra to Government Sr. Secondary School, Tharoch, District Shimla, H.P. He approached this Court and on 13th October, 2011, following interim order was passed in this petition:- “Short reply within ten days and it shall be clarified in the reply as to whether the vacancy is available at Nagrota Surian. In the meanwhile, the petitioner may not be compelled to join the transferred station and it will be open to him to continue on leave.” 3 3. Petitioner contends that subsequently he made a representation before the appropriate authority and also his request for accommodation at Government Sr. Secondary School, Bathra in District Kangra, has also been recommended. Though, according to the respondents at Government Sr. Secondary School, Bathra, District Kangra, there is no sanctioned post. 4. In the given facts, respondents are directed to take a decision on the petitioner’s request for being accommodated either at Government Sr. Secondary School, Nagrota Surian or Government Sr. Secondary School, Bathra within a period of two weeks from today. Till then, interim order dated 13th October, 2011 shall remain in operation. Learned Dy. Advocate General submits that the order shall be communicated to respondent No.2 immediately on telephone. 5. With the aforesaid observations, present petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Sanjay Karol), Judge. 5th December, 2011 k.sharma