IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPs No. 7027 & 7478 of 2011. Decided on: 15th September, 2011. 1. CWP No. 7027 of 2011. Veer Bala. Vs. Director of Ayurveda & another. 2. CWP No. 7478 of 2011. Yog Wanti. Vs. State of H.P. and others. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioners : Mr. Tarlok Chauhan, Advocate, for the petitioner in CWP No. 7027 of 2011. Mr. Ajay Mohan Goel, Advocate, for the petitioner in CWp No. 7478 of 2011. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for the State. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Both the writ petitions pertain to a claim for posting as Superintendent Grade-II in the Ayurveda Department at Kullu. Smt. Veer Bala, petitioner in CWP No. 7027 of 2011 has been posted at Kullu on promotion vide order dated 8.8.2011. It is submitted that she approached this Court in the writ petition since she was not being relieved, so as to join at Kullu. Therefore, on 29.8.2011, this Court passed an order to the effect that the vacancy to which the petitioner is posted should not be filled up otherwise than by the 2 petitioner till the case is taken up on 6.9.2011. It appears that the posting of the petitioner at Kullu was modified in the meanwhile on 27.8.2011. According to the petitioner in CWP No. 7478 of 2011, Smt. Yog Wanti, the writ petition was moved on 29.8.2011 on coming to know of the cancellation only. Be that as it may. It is seen from the service particulars of both the persons that the Smt. Veer Bala has never worked in tribal area whereas Smt. Yog Wanti had work in the tribal area w.e.f. July, 2009. It is not in dispute that a person who is posted in the tribal area gets entitlement to make request for transfer after two winters and three summers. The Director, who is present before us submits that the next vacancy is likely to arise in and around six months. In the next arising vacancy, Smt. Yog Wanti shall be shifted from the tribal area and accommodated in Kullu. Smt. Veer Bala, who has never worked in tribal area shall be thereafter posted in Lahaul & Spiti in the place of Smt. Yog Wanti and she shall be continued there for a minimum period of two years. Both the writ petitions are disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 15th September, 2011. (Justice Rajiv Sharma), (tr) Judge. 3