IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 10884 of 2011-I Decided on: 9th December, 2011. 1. Manjeet Kaur W/o Sh. Rajesh Kumar R/o Village Sirat P.O. Mohatli Tehsil Indoura Distt. Kangra (HP), presently working as JBT (Junior Basic Teacher) at GPS ‘Banne Di Hatti’ Education Block “Gagret-II”, preferring her transfer/posting to her home Distt. Kangra (Education Block “Nurpur or Dehra”) (marks obtained 892, OBC). 2. Naresh Kumar S/o Sh. Gian Chand R/o Vill. Nahali P.O. Baggi Tehsil Khundian Distt. Kangra (H.P.), Presently working as JBT (Junior Basic Teacher) at GPS ‘Pattan’ u/w CPS Bhatkibhar Tehsil Thunag Distt. Mandi, preferring his transfer/posting to his home Distt. Kangra (Education Block “Kangra or Dehra”) (marks obtained 903, SC category). 3. Deepak Kumar S/o Sh. Tarsem Kumar R/o House No. 866, Sector-41 Chandigarh (UT), Presently working as JBT (Junior Basic Teacher) at GPS ‘Pambra’ u/c CPS Gagret-1 Tehsil Amb, Distt. Una, preferring his transfer/posting to Distt. Solan (Education Block “Nalagath/Baddi) (marks obtained 896, OBC category). …… Petitioners Versus 1. State of Himachal Pradesh through Secretary (Education) to the Govt. of Himachal Pradesh, Shimla. 2. The Director of Elementary Education, Shimla, Himachal Pradesh. ….. Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Naresh Kaul, Advocate. For the Respondents : Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Additional Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayer:- “i) That the respondents No. 1 & 2 may very kindly be directed to consider the case of the present petitioners no. 1&2 for posting them to their home districts Kangra) & petitioner no. 3 to District Solan, keeping in view the peculiar facts and circumstances mentioned in the present writ petition & also in view of the recruitment and promotion rules (annexure P-8) & keeping in view the fact that the post of JBT Teacher being a class-III, Non Gazetted, District Cadre post, while issuing a writ in the nature of Mandamus with further direction to the respondents to place the petitioners at the appropriate place in the list, which has been prepared by them as per their own merit, as also keeping in view the less meritorious candidates (Annexure P-9 etc. mentioned in present CWP) have been posted in their home district or as per their option, keeping in view of the judgment (Annexure P-10) dated 20.10.2011 passed by this Hon’ble Court in CWP 7667/2011 etc. titled as Amit Thakur versus state of H.P. and ors.” 2. This Court vide Annexure P-10, judgment dated 20th October, 2011 has considered the issue and issued the following directions:- “1. In the event of any of the petitioners making a representation for posting against any of the vacancies in the Districts, referred to above, the same shall be considered favourably and orders in that regard shall be passed within two weeks from the date of the receipt of a copy of the representation along with the copy of this judgment. 2. In case any of the petitioners makes a representation against any vacancy in any District other than the home District, the same shall also be considered favourably and orders in that regard shall be passed within another two weeks. However, it is made clear and it shall be made clear 2 in the orders also that the District they choose so shall be treated for all purposes as their home District in future. 3. It is however, made clear that in case in respect of any of the vacancies, referred to above, in the various Districts, recruitment process has already been set in motion by notifying those vacancies as on today, the notified vacancies shall not be tinkered in the process.” 3. In case the petitioners are also similarly situated, the case of the petitioners shall be considered in the light of the direction as above and appropriate action in the matter shall be taken within two weeks from the date of production of a copy of this judgment along with a copy of writ petition by the petitioners before the Director. 4. The writ petition is disposed of, so also the pending application(s), if any. Authenticated copy. (Justice Kurian Joseph), Chief Justice 9th December, 2011. (Justice V.K. Ahuja), (tr/krs) Judge. 3