IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.780 of 2007 Decided on : May 24, 2010 Sanjeev Kumar …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Sanjiv Bhushan, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioner was selected as Lecturer (Physics) by Parents Teachers Association of Government Senior Secondary School, Sujau Piplu Bharari and appointed vide letter Annexure P-3, dated 13th September, 2006. In February, 2007, a transfer order Ex. P-4 was issued, whereby one Ramesh Thakur, Lecturer (Physics) was posted in Sujau Piplu Bharari School from Cholthara. Petitioner made a representation that he had already been working as Lecturer (Physics) in Sujau Piplu Bharari School and posting of Ramesh Thakur was going to deprive him of his job and livelihood. It appears that his representation was allowed and the transfer order of Whether reporters of the local papers may be allowed to see the judgment? …2… Ramesh Thakur was cancelled on 15th February, 2007 vide order Annexure P-5. 3. Petitioner alleges that he has not been paid salary, in the form of monthly grant-in-aid, by the respondents from the very beginning, i.e. from the date of his appointment vide Annexure P-3. Respondents do not deny that petitioner’s salary has not been paid, but they have stated in their reply, vide Para-5, that in fact there exists no post of Lecturer (Physics) in Sujau Piplu Bharari School, as one Anand Dev had already been working in that School and that at the time when Annexure P-3 was issued he had been temporarily deployed in another School, which did not result in a vacancy. 4. Order Annexure P-4 dated 3rd February, 2007, was regarding transfer of two persons, one Ramesh Thakur, whose posting was going to dislodge the petitioner and another Anand Dev, who was transferred from Sujau Piplu Bharari School (temporarily deputed to Ponta, Mandi) to Ponta, Mandi. Transfer of only Ramesh Thakur was cancelled, on representation of the petitioner vide Anenxure P-5. Order of transfer of Anand Dev from Sujau Piplu Bharari School to Ponta, Mandi vide Annexure P-4 remained intact and thus a clear vacancy became available and it is against this vacancy that the petitioner …3… has been working atleast since 3rd February, 2007, when order Annexure P-4 was issued. 5. In view of the abovestated position, writ petition is allowed and it is ordered that the petitioner be released, within two months from the passing of this order, monthly grant-in-aid, at the prescribed rate. Writ Petition stands disposed of. May 24, 2010(sd) ( Surjit Singh ), J