IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.5318 of 2011 Decided on: 12th July, 2011. Anita Thakur Vs. State of H.P. & others Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Mr. Lalit Sharma, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for respondents No.1 and 2.. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) That the action of respondent No.2 who has taken a decision to relieve the petitioner with effect from 14.7.2011 from the present place of posting i.e. Government Decree College Nalagarh to Government Degree College Haripurdhar, District Sirmour, may kindly be set aside and quashed and the respondents may kindly be directed to allow the petitioner to discharge her duty as lecturer in Hindi at Government Degree College Nalagarh in terms of Annexure P-2 till the completion of her normal tenure. (ii) That the respondent No.2 may be directed to release the withheld salary of the petitioner of the month of June, 2011 to be paid in July 2011 forthwith. (iii) That the respondent No.1 may also be directed to grant an opportunity of being heard to her while deciding the representation of respondent No.3 in terms of the judgment passed by this Hon’ble Court in CWP No.4494 of 2011. 2 (iv) That in alternatively the respondent No.1 may also be directed not shift the post of Lecturer in Hindi from Government Degree College Nalagarh to Government Degree College Haripurdhar keeping in view the strength of the students/teachers ratio as reflected in Annexure P-6.” 2. It is seen that the petitioner has also made a representation before the Government. While taking the decision in the case of Dr. Prem Kumari Sharma, the petitioner in Annexure P-3 (judgment) in CWP No.4494 of 2011, it was directed that the case of the petitioner should also be considered. The petitioner further submits that the Principal Secretary (Education) has assured her that she will not be relieved by the Principal of the College till the decision is taken. Though the petitioner has communicated the assurance of the Principal Secretary (Education) to the Principal of the College, the petitioner submits that the Principal is going to relieve her. In case the Principal Secretary (Education) has given an assurance to the petitioner that she would not be relieved until her representation is considered, the Secretary may communicate the same by appropriate means to the Principal since the Principal is bound by the directions issued by the Government. It is further made clear that while taking decision in the case of Dr. Prem Kumari Sharma the representation of the petitioner will also be considered. 3. A copy of this judgment shall be produced by the petitioner before the Principal Secretary (Education). 3 4. The writ petition is disposed of, so also the pending application, if any. A copy of this judgment duly authenticated by the Court Master be supplied to the parties. (Justice Kurian Joseph), Chief Justice 12th July 2011. (Justice Sanjay Karol), (tr) Judge.