IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 289 of 2011. Decided on: October 11, 2011. Smt. Sunita Kapoor. Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellant: M/S Tarlok Chauhan & Vijay Chaudhary, Advocates. For the Respondents: Mr. Ankush Dass Sood, Addl. AG with Mr. J.K.Verma, Dy. AG for respondents No. 1 to 3. Mr. Surinder Saklani, Advocate, for respondent No. 4. Mr. Vikrant Thakur, Advocate, for respondent No. 5. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) Three Female Health Workers are involved in a case of chain transfer and that is the subject matter of this litigation. The following are the incumbents:- 1. Smt. Sunita Kapoor, w/o Sh. Prakash Chand. 2. Smt. Maya Guleria, w/o Sh. Roop Singh Guleria. 3. Smt. Santosh Rana, w/o Sh. Prakash Chand. 2. An attempt has been made by this Court with the co-operation of the learned Additional Advocate General, learned Deputy Advocate General and the counsel appearing for the incumbents and also the active participation of the officers concerned. We find that the incumbents among themselves are not in a position to agree for a place of posting. Therefore, some yardstick has to be applied. The incumbent who has served for the maximum period in the hard and difficult area shall be accommodated at Chamyar. The next in the order shall be accommodated at Pairi and the incumbent with the lowest tenure in hard and difficult area shall be accommodated at Majiyar. All the three shall continue in such places for a period of one year. After the period of one year of such service, it will be open to the incumbents to point out any other suitable vacancies before the Director and the Director will make an attempt to accommodate them in such places. In case any of the incumbent has been continuing on leave, the same period shall be regularized as leave of the kind due available to them and if no 2 leave of the kind due is available, the same shall be adjusted against leave not due. It is also clarified that it will be open to the Director to transfer the incumbents at Chamyar and Pairi after one year, by the end of the academic year. 3. The LPA is disposed of as above. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 11, 2011. ( Justice Sanjay Karol), (karan/vs) Judge.