IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2237 of 2010 Date of decision: 14.7.2010 Parma Nand .. Petitioner. Vs. State of H.P. & Ors. …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Navlesh Verma, Advocate. For the respondents : Mr. R.K.Sharma, Sr. Addl. A.G. for respondents No. 1 to 3. Mr. B.B. Vaid, Advocate for respondent No.4. Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved by Annexure P-3, order of transfer, whereby he has been transferred from Government High School, Kapahi to Government High School, Jiskoon. According to the petitioner, the transfer is made within one year and 8 months of his assuming the office as Headmaster. It is also submitted that the transfer is made only to accommodate the private respondent, who got his transfer thrice within a month. According to the private respondent, he has 2 worked only for two years in soft area and he can legitimately be expected to complete his normal tenure of three years in the soft area and hence the transfer is justified. However, the fact remains that he is a promotee and on promotion only the present transfer has been made. It is a strange situation where we found that the petitioner has not been duly relieved but the private respondent had joined duty. We have already made it clear in our order that an incumbent cannot be permitted to join duty in a transferred station without duly relieving the person concerned. 2. Having regard to the rival submissions of the parties, we are of the view that the matter should be considered by the 1st respondent with due regard to the rival submissions. In any case there shall not a situation where two people could be working against one post. There will be a direction to the petitioner and fourth respondent to be present before the Ist respondent on 19.7.2010 at 11.00 a.m. and after hearing the petitioner and fourth respondent appropriate orders will be passed by the first respondent within another three days. The first respondent will also see that appropriate directions are issued for good governance. Relieving and joining are to be done by ensuring that 3 two persons do not work in the same post. Interim orders passed by this Court shall remain continue till. Copy dasti. (Justice Kurian Joseph), Chief Justice. July 14, 2010 (Justice Kuldip Singh), (GR/VT) Judge.