1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6656 of 2011 Decided on: 23.8.2011 Prem Lal ....Petitioner. Versus State of Himachal Pradesh & another ....Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Surinder Singh, Judge. For the petitioner : Mr. Ranjan Sharma, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J.K. Verma, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(i) That the action of the Respondents in neither considering nor in transferring the petitioner from tribal area of Killar (Pangi) to a non tribal area i.e. at one of the stations of choice in accordance with the letter dated 20.12.2006 vide Annexure P-2/1 read with Clause 7 of the policy dated 10.4.2008 vide Annexure P-2/2 and the law laid down by this Hon'ble Court in CWP No. 1105 of 2006 titled as Sushila Sharma vs. State despite numerous 2 representations dated 8/ 12.6.2007 ; 11-7-2009; June 2010 and on 4-7-2011 vide Annexure P-3 to P-6 but in retaining him in the tribal area of Killar (Pangi) endlessly since 22.11.2004 i.e. for about 7 years continuously may kindly be set aside as being unfair, unjust, arbitrary, discriminatory and illegal forthwith. ii) That the action of the respondents in retaining the petitioner in the Tribal Ara Killar (Pangi) for about 7 years continuously but without sending other Fitters to these areas who have never served in tribal areas even once may kindly be held unfair, unjust, illegal, arbitrary, malafide, discriminatory and also unsustainable. Iii) That the respondents may be directed to consider and transfer the petitioner from the Tribal Area of Killar (Pangi) to any of the stations of choice as prayed for in Para 7 (g) above, without undue delay, forthwith.” 2. The petitioner has submitted Annexures P-4, P-5 and P-6 and the same are pending before the second respondent. There will be a direction to the second respondent to look into Annexure P-6, representation and take appropriate action, in terms of the policy, taking note also of the fact that he has completed seven years at the present place of posting and the vacancy position are pointed out by the petitioner in ground (g) of the writ petition. The needful action shall be taken within a period of six weeks from the date of production of a copy of this 3 judgment alognwith a copy of the writ petition by the petitioner before the second respondent. 3. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. August 23, 2011 (Justice Surinder Singh), (cm/hl) Judge.