IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 5466 of 2010 Date of decision: 15.12.2010 ________________________________________________________________ Salomi Verma. .....Petitioner. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. K.B. Khajuria, Advocate. For the respondents: Mr. Anil Jaswal, Deputy Advocate General, for respondents No. 1 to 3. Mr. Arvind Jaryal, Advocate, for respondent No. 4. None for respondent No. 5. V.K. Sharma, J. (Oral). The petitioner is a JBT teacher. Lastly, she was posted in Government Primary School, Dharog, Block Chamba. She has been transferred to GPS Jot-Ki-Kothi in the same Block vide private respondent No. 5, apparently with a view to adjust respondent No. 4, who was under transfer from GPS Kariana, Block Mehla-II to GPS Chhatrari, in the same block in place of the petitioner in GPS Dharog, Block Chamba. Being aggrieved, she has filed the present 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... petition on the following averments set up vide para 4: “That pursuant to the communication dated 26.8.2008 issued by the respondent No. 2 the petitioner has been ordered to be transferred, though there was no proposal with the respondent No. 3 to transfer the petitioner. The transfer order has been effected without TTA though the petitioner never made a request for her transfer and it appears that the respondent No. 4 has manipulated the request of the petitioner and managed her transfer in place of the petitioner.” 2. Against the above backdrop, the petition has been filed for grant of following relief: “That this writ petition may kindly be allowed and writ in the nature of certiorari may be issued and the impugned order passed by the respondent department dated 27.8.2010, Anenxure P-1 may be quashed and set aside.” 3. In reply, on behalf of respondents No. 1 to 3, the following stand has been taken vide para 3: “3. That the contents of this para are not admitted to the extent that the petitioner is a JBT, who has the District cadre, therefore, she can be transferred anywhere within District Chamba. It is submitted that the transfer of the petitioner from Govt. Primary School, Darog to Govt. Primary School, Jot-ki-kothi Block Chamba vide respondent No. 5 has been made with the prior approval of the competent authority after clubbing stay of the petitioner. It is further submitted that the petitioner has been serving for the last 10 years within the radius of 20 KM. The say of the petitioner in Chamba town within 20 KM is as under:- (i) GPS, Karian 28-1-99 to 25-03-2001 (ii) GPS, Gagia. 2-5-2001 to 1-7-08 (iii) GPS Dharog 2-7-2008 till date.” 4. A perusal of the impugned order of transfer dated 27th August, 2010, Annexure P-1, would go to show that as if the petitioner had made a request for transfer and on this score she has ...3... been transferred from GPS Dharog to GPS Jot-ki-kothi vice respondent No. 5 without Transfer Traveling Allowance (TTA), which, as per the petitioner, is not factually correct. 5. In view of the above, the petition is disposed of with a direction to respondents No. 1 to 3/competent authority that subject to the petitioner making a representation within two weeks from today the said respondents/competent authority shall look into the matter within next fortnight and take a final decision in accordance with law and justice after affording an opportunity of being heard to the petitioner and private respondents No. 4 and 5. 6. Interim order dated 3rd September, 2010, shall continue till then. 7. The petition stands disposed of, so also the pending CMP(s), if any. (V.K. Sharma) Judge 15th December, 2010 (virender)