IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3988 of 2009. Decided on: 31st May, 2010. Puran Chand. …..Petitioner. Versus State of H.P. and ors. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Ms. Jyotsna Rewal Dua, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General, for respondents No.1 to 3. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since he has been transferred from Luhri to Gooling (Spiti) (L/S). According to the petitioner, he had been accommodated at Luhri on the basis of mutual transfer dated 7th September, 2009 (Annexure P-3). However, by the impugned order, the petitioner was transferred from Luhri and now posted at Gooling (Spiti). It is also submitted that the private respondent Roop Lal is still interested in joining duty at Dalash in Kullu District and that post is vacant. There is no appearance for the private respondent. 2. Having regard to the submissions made by the petitioner, we are of the view that the matter requires 2 reconsideration by the second respondent. If that post at Dalash is vacant and in case the private respondent has no inconvenience to work at Dalash, we find no reason for disturbing the petitioner since he had already been adjusted in terms of the mutual transfer as per Annexure P-3. We may also make a mention that the petitioner had in fact worked in sub cadre area at Kothi in District Kullu for about four years. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the matter afresh and see whether the petitioner has to be disturbed from Luhri in case the private respondent can be adjusted at Dalash for which he has no objection. Orders, as above, shall be passed within two weeks from today. The interim order passed by this Court will continue till such time. It is also made clear that so long as the petitioner has worked at Luhri in terms of the interim order passed by this Court on 4th November, 2009, he shall be entitled to salary and if it is not paid, the same shall be paid within one month from today. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 31st May, 2010 ( Justice Rajiv Sharma), (tr) Judge. 3