IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6462 of 2010 Decided on : 7.12.2010 ___________________________________________________________ Pyar Chand … Petitioner. Versus State of Himachal Pradesh and others … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Ms Salochna Kaundal, Advocate. For the Respondents : Mr. J.S. Guleria, Asstt. Advocate General, for respondents No. 1 to 3. Mr. Naveen K. Bhardwaj, Advocate for respondent No.4. __________________________________________________________ V.K. Sharma, Judge.(Oral) Order of transfer dated 15.9.2010, Annexure P-1, whereby the petitioner, a JBT teacher has been transferred from government Primary school, Gadanal (Sadar) to Government Primary School, Pangna (Seraj-II), vice private respondent No.4, has filed the present petition on the following prayers:- “(i) That writ in the nature of certiorari may kindly be issued to the respondents by quashing the impugned order dated 13.09.2010, Annexure P-1, being illegal. (ii) That writ in the nature of mandamus may kindly be issued by directing the respondents to allow the petitioner to continue at the present palce of posting, i.e., Govt. Primary School Gadanal (Sadar); Or 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 In the alternative, the respondents may be directed to adjust the petitioner at Govt. Primary School, Kot, Education Block Balh, District Mandi, H.P.” 2. In the reply filed on behalf of respondents No. 1 to 3, the following stand has been taken in para 3:- “3. That in reply to this para it is submitted that as per information received from the Deputy Director of Elementary Education Mandi Distt. Mandi thetransfer of the petitioner has been made with the prior approval of the competent authority. However, it is further submitted that the petitioner joined at Government Primary school, Gadanal (Sadar) on dated 13.12.2002 and is working till date. As such the petitioner has completed more than 7 years at Government Primary School, Gadanal (Sadar). 3. Respondent No. 4 has filed separate reply, wherein vide para 7 it is stated as under:- “That the averments made in this para are admitted to the extent that replying respondent has been ordered to be adjusted at the place of posting as shown without TTA and joining time. It is however, denied that replying respondent has made a manipulation to be adjusted at the place of posting of the petitioner. It is respectfully submitted that the reply respondent is serving in the hard area that is the place from where he has been transferred now for the last 10 years and the petitioner is continuously serving in the present place of his posting for the last 8 years. Therefore, replying respondent as per record is required to be transferred from the present place of posting to the place where he has been transferred and petitioner is required to be transferred from where he is continuing for the last 8 years i.e hard area. Petitioner has no right to be at one place throughout his service career. It is further submitted that replying respondent 3 has joined his duties at his new place of posting on 8th October, 2010 before noon before obtaining the stay by the petitioner from this Hon’ble Court. The joining report of the replying respondent is annexed with the reply as Annexure R-1. However, the petitioner after obtaining the stay from this Hon’ble Court, replying respondent has been sent back to his earlier place of posting and he has not been released any salary till date. It is further submitted that the son of replying respondent is studying in Nursery at Pandoh near the new place of postings as his wife is a house wife looking after the old aged parents of the petitioner in his home.” 4. In view of the above replies, the petition is disposed of with the direction that the petitioner may approach the 2nd respondent by making a representation alongwith copy of this judgment within one week from today and the 2nd respondent shall finall decide the same within another fortnight taking into consideration the on going ban on transfers due to imposition of model code of conduct pursuant to declaration of Panchayat Elections in the State as also on going academic session which would come to an end in the month of March, after affording an opportunity of being heard to the petitioner and private respondent No.4. Needless to say that interim order dated 8.10.2010 shall remain in force till the decision on the representation or till 31st March, 2011, which ever is later. 5. Admittedly pursuant to the aforesaid interim order dated 8.10.2010, private respondent No.4 has rejoined at his previous place of posting at Pangna (Seraj-II). . It being so, due and admissible salary shall be payable to him against the said post. 4 6. The writ petition, so also the pending application(s), if any, stand disposed of in the above terms. Copy dasti. (V.K. Sharma) Judge. 7th December, 2010. (lsp)