IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. L.P.A. No. 472 of 2011. Decided on: 8th December, 2011. Dharmender Singh, S/o Shri Pratap Singh, R/o 278/B, Civil Lines Dharamshala, District Kangra, H.P. …..Appellant. -Versus- 1. State of H.P. through Secy. Education Government of H.P., Shimla. 2. Director Higher Education, Himachal Pradesh, Shimla. 3. Director Elementary Education, Himachal Pradesh, Shimla. 4. Principal, DIET, Kangra at Dharamshala, District Kangra, H.P. …… Respondents. Latter Patents Appeal under Clause 10 of the Delhi High Court Rules and orders as applicable to the State of Himachal Pradesh, against the judgment dated 12.10.2011 passed in CWP NO. 6374/2011 by Hon’ble Single Judge of this Hon’ble Court. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the appellant : Mr. Adarsh K. Vashista, Advocate. For the respondents. : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Deputy Advocate General. ------------------------------------------------------------------------------------------ Justice Rajiv Sharma, J. (Oral): Appellant has assailed his transfer order dated 13th July, 2011, whereby he was transferred from DIET, Kangra at 2 Dharamshala to Govt. Senior Secondary School, Virgarh, District Shimla by way of C.W.P. No. 6374 of 2011. 2. On 14th September, 2011, the following order was passed by this Court: “Post on 21st September, 2011. In case the impugned order has not been cancelled by the Government, the petitioner shall be permitted to join at DIET, Dharamshala.” 3. Thereafter, C.W.P. No. 6374 of 2011 was dismissed by the learned Single Judge on 12th October, 2011. However, without taking into consideration that C.W.P. No. 6374 of 2011 stood dismissed on 12th October, 2011, the Director of Higher Education passed the order dated 28.10.2011 as per interim order dated 14th September, 2011 to retain the petitioner at DIET, Dharamshala, District Kangra. The appellant has now assailed the judgment of the learned Single Judge, dated 12.10.2011. 4. We are of the considered view that once C.W.P. No. 6374 of 2011 was dismissed by the learned Single Judge of this Court, the order dated 28.10.2011 could not be passed on the basis of interim order dated 14.09.2011. It is settled law that all the interim orders merge with the final judgment. Perhaps this mistake has been committed by the Director of Higher Education, Himachal Pradesh for the simple reason that he may not have been apprised of the judgment rendered by this Court in C.W.P. No. 6374 of 2011 on 12.10.2011. However, the fact of the matter is that learned Single Judge though has rejected the writ petition, 3 but the petitioner was permitted to make a representation the State to adjust him at some other place and the same was to be decided in accordance with law, but with a rider that petitioner has to join at Virgarh. 5. Accordingly, there is no merit in this appeal and the same is dismissed. However, it will be open to the appellant/petitioner to make a representation to the State strictly as per the judgment dated 12th October, 2011, within a period of two weeks from today. Thereafter, the same shall be decided by the competent authority in accordance with law within a period of two weeks. The pending application(s), if any, also stands disposed of. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. December 08, 2011. (bhupender)