IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3417 of 2011. Decided on: 17th May, 2011. Urmila Devi ….. Petitioner. Versus State of H.P. and ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Sanjay Karol, Judge. For the petitioner : Ms. Archana Dutt, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. for the respondents No.1 to 4. --------------------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “1. That the impugned order may kindly be ordered to be quashed and set aside and the petitioner may kindly be ordered to be adjusted at her present place of posting. 2. That the respondents may very kindly be directed to produce the entire record pertaining to the case of the petitioner for the kind perusal of this Hon’ble Court. ” 2. According to the petitioner she had already served in the sub cadre area for around 14 years and she has again been sent to the sub cadre area. Still further it is submitted that the 5th respondent is brought in her place only after 10 months of service. The third submission is that despite several directions issued by this Court, the Principal has allowed the fifth respondent to join on 13.5.2011, without relieving the petitioner. The petitioner was relieved on 16.5.2011 on coming 2 to know of filing of the writ petition. The petitioner has also submitted that she has serious health problems as well. There will be a direction to the Deputy Director of Elementary Education, Mandi to look into all these aspects and take appropriate action thereon in accordance with law, adverting to the submissions made by the petitioner. This shall be done within a period of one month from the date of production of a copy of this judgment alongwith a copy of the writ petition by the petitioner before the third respondent. The address of the third respondent stands corrected as Deputy Director of Elementary Education, Mandi. 3. There will also be a direction to the Deputy Director to conduct an inquiry as to why the Principal permitted a transferee to join duty without the incumbent to be transferred being duly relieved. In case any irregularity has been committed by the Principal, the salary for the period when two persons were on the same post shall be recovered from the erring official. It is also made clear that the petitioner shall not be compelled to join the transferred station till orders, as above are passed. It will be open for the petitioner to avail leave of the kind due. 4. With the above observations, the writ petition stands disposed of, so also the pending application (s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice 17th May, 2011 (Justice Sanjay Karol ), (C/jai) Judge.