IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2221 of 2011 Date of decision: April 13, 2011 Rakesh Kumar Petitioner Versus State of H.P. and another Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the Petitioner: Mr. Rupinder Singh, Advocate For the Respondents: Mr. R.K. Bawa, Advocate General, with Mr. J.K.Verma, Deputy Advocate General. ______________________________________________________ Justice Kurian Joseph, C.J. Petitioner is aggrieved since he is transferred from Government Primary School, Rajban to Government Primary School, Khill. It is seen from Annexure P-1, order of transfer, that the same is done in the process of rationalization. It is the contention of the petitioner that going by the strength in the school, there is still vacancy available to retain the petitioner and that there is no proper assessment of the vacancy position. This aspect, the petitioner may point out before the Deputy Director of Primary Education, District Sirmour at Nahan, in which case the matter will be duly considered on merits by the Deputy Director and orders in that regard will be passed within a period of two weeks from the date of production of the copy of this judgment alongwith the copy of the writ petition and representation. In case the petitioner is 2 relieved in the meanwhile, it will be open for him to avail leave of the kind due and he may not be compelled to join the transferred station. The writ petition is disposed of, so also the pending applications, if any. Copy dasti. ( Justice Kurian Joseph ), Chief Justice April 13, 2011 (K) ( Justice V.K. Ahuja ), Judge