LPA No. 118 of 2010 6.08.2010 Present: Mr. J.S.Bhogal,Senior Advocate with Mr. Anand Sharma, Advocate, for the appellants. Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall, Advocate, for the respondent. Heard learned counsel for the parties. It has been brought to our notice that there is no such instruction on behalf of the respondent to file the Contempt Petition against the appellants. In the impugned judgment dated 6.7.2010 passed in CWP No. 1913 of 2010, direction was given to comply the judgment within one month. As such, in view of such direction, the impugned judgment dated 6.7.2010 was to be complied with by 6.8.2010. In these circumstances, learned counsel for the appellants was apprehending the filing of a contempt petition. However, in view of statement/undertaking given by the learned counsel for the respondent, such apprehension is without any basis since no contempt petition is intended to be filed. In view of above, matter be listed on 10th August, 2010. Copy dasti. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) CWP No. 561 of 2005 6.08.2010 Present: Mr. Lovneesh Kanwar, Advocate, for the petitioner. Mr. Sandeep Sharma, Assistant Solicitor General of India, for respondent No.1. Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for respondent No.2. At the request of the learned counsel for the petitioner, list on 16th August, 2010, as not opposed by the learned counsel for the respondents. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) Cr.Appeal No. of 2010 6.08.2010 Present: Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for the appellant. Cr.MP(M) No. 755 of 2010 Leave to appeal granted. Disposed of. Appeal be registered. Cr.Appeal No. of 2010 Admitted. Bailable warrants in the sum of Rs. 10,000/- with one surety in the like amount, to the satisfaction of the Arresting Police Officer, undertaking to appear before this Court as and when called upon to do so. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) Cr.Appeal No. of 2010 6.08.2010 Present: Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for the appellant. Cr.MP(M) No. 760 of 2010 Leave to appeal granted. Disposed of. Appeal be registered. Cr.Appeal No. of 2010 Admitted. Bailable warrants in the sum of Rs. 10,000/- with one surety in the like amount, to the satisfaction of the Arresting Police Officer, undertaking to appear before this Court as and when called upon to do so. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) Cr.Appeal No. of 2010 6.08.2010 Present: Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for the appellant. Cr.MP(M) No. 610 of 2010 Leave to appeal granted. Disposed of. Appeal be registered. Cr.Appeal No. of 2010 Admitted. Bailable warrants in the sum of Rs. 10,000/- with one surety in the like amount, to the satisfaction of the Arresting Police Officer, undertaking to appear before this Court as and when called upon to do so. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) COPC No. 132 of 2010 6.08.2010 Present: Mr. Anup Rattan, Advocate, for the petitioner. Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for the respondent-State. In reference to order dated 9.7.2010, an affidavit has been filed by Principal Secretary (Education). Learned Additional Advocate General has shown a letter to us, the same may be placed before Hon'ble the Chief Justice, on the next date of hearing. List on 11th August, 2010. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) OSA No. 2 of 2010 6.08.2010 Present: Mr. Bimal Gupta, Advocate, for the appellant. Mr. Bhupinder Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate for respondents No. 1 to 3. Mr. Naresh Kumar Sood, Advocate for respondent No.4. Ms. Ambika Kotwal, vice counsel for respondents No. 5 and 6. It has been submitted on behalf of the respondents that parties are likely to settle the issue out side the Court and for that endeavour has been made. In order to see the outcome of the said endeavour regarding settlement of the issue, the parties have prayed for some time which is allowed. List on 30th August, 2010. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) CWP No. 4636 of 2010 6.08.2010 Present: Mr. Sanjeev Bhushan, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General, for the respondents. CMP No. 7172 of 2010 Allowed. CWP No. 4636 of 2010 It has been submitted on behalf of the petitioner that he is posted as a Lecturer (Biology) in Government Senior Secondary School, Kumarsain, District Shimla, H.P., for the last more than two years. It has further been submitted on behalf of the petitioner that he intends to be transferred in and around Shimla to overcome his personal difficulties, ailment of his mother and other family circumstances. As such, this writ petition is disposed of with the direction to the petitioner to make a fresh representation in sequence to his earlier representation dated 3.7.2010 to respondent No.2 i.e. Director Higher Education, H.P., Shimla, within one week from today, who shall consider the case of the petitioner sympathetically and shall dispose of the same by a speaking order within four weeks thereafter. In view of above submissions, the writ petition is disposed of so also the pending application(s). Copy dasti. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) CWP No. 4651 of 2010 6.08.2010 Present: Ms. Jyotsna Rewal Dua, Advocate, for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General, for respondents No. 1 and 2. CMP No. 7203 of 2010 Allowed. CWP No. 4651 of 2010 & CMP No. 7202 of 2010. Issue Notice. Notice on behalf of the respondents No. 1 and 2 is being accepted by Mr. R.K. Sharma, Senior Additional Advocate General. Separate notice be issued to respondent No.3. According to the petitioner, she is serving as Block Development Officer at Shillai, District Sirmour, on regular basis, on promotion w.e.f. 8.8.2008 and on secondment basis w.e.f. 13.9.2004. According to the petitioner, she is a widow and only six months are left for her superannuation. Further that she has lost her son aged 20 years in a bus accident in the year 2005, and her husband also died in the year 2006. The other son of the petitioner is married, but un-employed. The two grandsons of the petitioner are being looked after by her. Presently, they are pursuing their studies at schools in Shillai. Keeping in view the peculiar facts and circumstances, she may be accommodated at the present place of posting to overcome her personal and family difficulties. It has clearly been pointed out on behalf of the petitioner that respondent No.3, namely, Kadam Sandeep Vasant, newly recruited IAS Officer, has been posted at the place of the petitioner, in the light of order dated 4th August, 2010 (Annexure-P2) passed by the Chief Secretary, to the Government of Himachal Pradesh. Keeping in view the aforesaid facts and circumstances, the petitioner shall not be disturbed / posted else where till the returnable date and in the meanwhile learned Additional Advocate General shall obtain the instructions on behalf of the respondents with respect to possibility of accommodating respondent No.3 at another place. List on 12th August, 2010. Copy dasti. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) CWP No. 3986 of 2010 6.08.2010 Present: Mr. Rakesh Jaswal, Advocate, for the petitioner. Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for the respondents. At the request of learned counsel for the petitioner, list on 7th September, 2010, in the mean time reply be filed. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) CWP No. 3809of 2010 6.08.2010 Present: Mr. Lalit Sehgal, Advocate, for the petitioner. Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for respondent No.1. Respondent No.2 stand served. Issue fresh notice to respondents No. 3 and 4 through registered post returnable for 7th September, 2010. Liberty is open to the respondents to file reply, if any, in the mean while. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit) CWP No. 4026 of 2010 6.08.2010 Present: Mr. Lalit Sehgal, Advocate, for the petitioner. Mr. Rajinder Dogra, Additional Advocate General, with Mr. Anil Jaswal, Deputy Advocate General, for respondent No.1. Respondent No.2 stand served. Issue fresh notice to respondents No. 3 and 4 through registered post returnable for 7th September, 2010. Liberty is open to the respondents to file reply, if any, in the mean while. (R.B. Misra), J. (V.K. Sharma), J. 6th August, 2010 (Purohit)