IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 3732 of 2010. Decided on: 09.07.2010. __________________________________________________________ Bhagat Ram. … Petitioner. Versus State of Himachal Pradesh and another. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C.J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the Petitioner : Mr. K.B. Khajuria, Advocate. For the Respondents : Mr. R.K. Sharma, Senior Additional Advocate General. Justice Kurian Joseph, C.J. (Oral): The writ petitioner has filed this petition with the following prayer(s):- “That this writ petition may kindly be allowed, writ in the nature of mandamus may be issued and the respondent department may be directed to decide the representation of the petitioner in a time bound manner and post him at one of station of his choice as per the transfer policy of the State.” 2. No doubt after five years of contract service, an incumbent gets eligibility to apply for transfer, but the consideration of transfer would depend upon the availability of vacancy. In other words, a contract teacher cannot be transferred by disturbing a regular teacher. However, if the vacancy is available, it will certainly be open to the petitioner to - 2 - point out the same and in which case, the petitioner will be accommodated in one of such places. Needful in this regard shall be done by the second respondent within a period of one month from the date of production of the copy of this judgment alongwith a copy of the writ petition by the writ petitioner. 3. The petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. July 09, 2010. (sck/bhupender).