IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 3284 of 2010 Date of decision: 25.02.2011 ________________________________________________________________ Rama Kumari. .....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. J.S. Guleria, Assistant Advocate General, for respondents No. 1, 2 and 5. None for respondent No. 3. Mr. Rajiv Rai, Advocate, for respondent No. 4. V.K. Sharma, J. (Oral). The petitioner is a Trained Graduate Teacher (TGT). At the relevant time she was posted in Government Middle School, Patta, under complex Government Senior Secondary School, Dangar, District Bilaspur, H.P. 2. In terms of rationalization scheme issued vide Officer Order dated 22.05.2010, Annexure P-1, private respondent No. 3, who was working in Government Senior Secondary School, Bharari and was rendered surplus, was adjusted at Government 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...3... High School Jabloo. However, vide Corrigendum dated 04.06.2010, Annexure P-2, she was adjusted in Government Middle School, Patta by disturbing the petitioner, who was ordered to be transferred to Jabloo, but later on adjusted at Government Senior Secondary School, Ghumarwin, vide Office Order dated 31.05.2010, Annexure P-3. However, when she submitted joining report, Annexure P-4, on 14.06.2010, the same was not accepted as private respondent No. 4, who was under transfer to Government High School, Jabloo, was on census duty and could not be relieved in view of the following stipulation contained in the aforesaid Office Order dated 22.05.2010, Annexure P-1: “In case, any TGT transferred/adjusted in these orders happens to on Census duty, he/she will be relieved to new place of posting only after they report back from Census duty. However, in such cases their lien shall stand shifted to their new place of posting and the salary will be drawn accordingly.” 3. Against the above backdrop, the petitioner filed the present petition before this Court and in pursuance of Order dated 28.06.2010, whereby a direction was issued to respondent No. 5 to accept the joining of the petitioner, pending further orders in the writ petition, she joined at Ghumarwin. However, it transpires that the initial order of transfer of the petitioner, issued vide the aforesaid Officer Order dated 31.05.2010, Anenxure P-3, had already been withdrawn by another Officer Order of even date, Annexure R4/1. Thus, in essence, both the petitioner and private respondent No. 4 are continuing at the same station at Ghumarwin, which is not a very happy situation. ...3... 4. In view of the above, the petition is disposed of with a direction to respondent No. 1 that subject to the petitioner making a representation alongwith a copy of this judgment to the said respondent within 15 days from today, the same shall be considered and finally disposed of in accordance with law and justice within further two weeks after affording an opportunity of being heard to the petitioner and private respondents No. 3 and 4, if so desired. 5. Interim order dated 28.06.2010 to continue till decision of the representation. 6. In view of the above, the petition stands disposed of, so also pending CMP(s), if any. Copy dasti. (V.K. Sharma) Judge 25th February, 2011 (virender)