IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3467 of 2010 Decided on 24.6.2010 Bakhtawar Singh ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the Petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) Petitioner is aggrieved by his transfer from Lower Chamba Range, Chamba Forest Division to Chowari, Dalhousie Forest Division. It is submitted that the petitioner has only 1 year and 6 months to retire from the service. It is also submitted that the transfer of the petitioner, at this stage, would affect the educational prospect of his children. Still further, it is submitted that his wife is suffering from various diseases and transfer will cause hardship also. It is another submission that no one is posted in place of the petitioner and that there is no public interest involved in the transfer. 2. It is for the petitioner to point out all these aspects before the 1st respondent. In the event of the petitioner, filing appropriate representation within 10 days from today, the matter is to be considered by the 1st respondent, adverting to the submissions made in the representation, some of which we have referred to above, subject to the petitioner filing representation, as above. The order, as above, shall be passed within another 10 days. In case, the petitioner has not been relieved as on today, further proceedings in that regard will be deferred till such time. 3. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 24, 2010(K/HL) ( Justice Rajiv Sharma ), Judge IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3463 of 2010 Decided on 24.6.2010 Gauri Shankar ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the Petitioner: Mr. Hamender Chandel, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) Petitioner is aggrieved by Annexure P-1, order of transfer. According to the petitioner, He has only two years to retire from the service. It is also submitted that there are several persons who have longer stay, but they are not disturbed. Still further, it is submitted that there are more than 10 vacancies at District Headquarter, Shimla. 2. Since, the petitioner has only two years to retire from the service, as per the policy, he is entitled to get the place of his choice, subject to the availability of vacancy. In case, there are vacancies available at Headquarter Shimla, the request of the petitioner has to be considered. 3. The writ petition is disposed of, directing the 2nd respondent to take decision in the matter, in the light of the policy, referred to above, within one month, on production of copy of this judgment alongwith copy of the writ petition by the petitioner. In case, the petitioner is on leave, it will be open for him to avail leave till the decision is taken by the 2nd respondent. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 24, 2010(K/HL) ( Justice Rajiv Sharma ), Judge IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3469 of 2010 Decided on 24.6.2010 Suma Devi ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajeev Sharma, Judge. For the Petitioner: Mr. Javed Khan, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) CMP No. 5255 of 2001 Allowed. CWP No. 3469 of 2010 The writ petition is filed with the following prayers: “a. That the respondents may kindly be directed to allow the petitioenr as Language Teacher in GSSS Seri Bungalow, District Mandi, H.P, where two posts of Language Teachers are lying vacant and she was working prior to her delivery case and has been discontinued at the instance of earlier Principal while she remain on leave due to delivery case.” 2. Learned Senior Additional Advocate General submits that only a regular teacher has been appointed in the post occupied by the petitioner and by the very fact that the petitioner is a PTA teacher, the petitioner has to give room for a regular teacher since the PTA is only an adhoc arrangement made by the Parent Teacher Association. 3. Learned Counsel for the petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the fourth respondent need not be appointed in place of the opetitioner and in case the The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 24, 2010(K/HL) ( Justice Rajeev Sharma ), Judge IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3462 of 2010 Decided on 24.6.2010 Narender Singh ….Petitioner Versus State of H.P. and others …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajeev Sharma, Judge. For the Petitioner: Mr. Javed Khan, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. Justice Kurian Joseph, C.J. (Oral) CMP No. 5239 of 2001 Allowed. CWP No. 3462 of 2010 The writ petition is filed with the following prayers: “a. That impugned relieving order dated 4th July, 2009 (Annexure P-6) may kindly be declared as null and void, thereby a writ in the nature of mandamus may kindly be issued to take back the service of the petitioner in service on P.T.A. basis in the same place and same school I.e Government Senior Secondary School, Khuhan, District Mandi as Lecturer History, with all consequential benefits of salary and seniority alongwith pay for the period of absence and arrears etc. and respondent No. 4 may be ordered to be adjusted in any other school who is a promotee.” 2. Learned Senior Additional Advocate General submits that only a regular teacher has been appointed in the post occupied by the petitioner and by the very fact that the petitioner is a PTA teacher, the petitioner has to give room for a regular teacher since the PTA is only an adhoc arrangement made by the Parent Teacher Association. 3. Learned Counsel for the petitioner, however, submits that there are several vacancies available to accommodate the regular teacher and the fourth respondent need not be appointed in place of the petitioner and in case the fourth respondent is accommodated, the petitioner will have to go out and there is no other place where he can be accommodated since he is only PTA teacher. 4. It is certainly open to the petitioner to point out this aspect before the second respondent, in which case the second respondent will consider whether the fourth respondent can be accommodated at any other suitable place so that the petitioner can continue. Necessary orders in that regard shall be passed within a period of two weeks from the date of receipt of a copy of the representation alongwith a copy of this judgment. However, it is clarified that such continuance of the petitioner, if required and in the event of any vacancy available, shall be permitted only in case the petitioner fulfills the required qualification. 5. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. June 24, 2010(K/HL) ( Justice Rajeev Sharma ), Judge