IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.1603 of 2010. Decided on: 13th May, 2010. Rakesh Kumar. …Petitioner. Versus State of H.P. & ors. …Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Deepak Gupta, Judge. For the petitioners : M/s Dilip Sharma and A.K. Rattan, Advocates. For the Respondents : Mr. Rajeshwar Singh, Advocate, vice counsel for respondents No.1 and 2. Mr. Sanjeev Bhushan, Advocate, for respondent No.3. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved by Annexure P-2, order of transfer. According to the respondents, the petitioner has been in Shimla for over 30 years. It is disputed by the petitioner. It is submitted that he had worked at Nalagarh, Bhawa Nagar in Kinnaur, Jogindernagar etc. It is also submitted by the petitioner that the third respondent has in fact been working ever since 1986 on daily wages and from 1992 on regular basis on the same post and at the same station. It is also submitted that the third respondent was due for promotion and only on promotion he was sent to Bilaspur; however, the transfer was cancelled. It is also 2 submitted that the petitioner is due to retire in less than two years i.e. in March, 2012. 2. Having heard the learned counsel on both sides, we are of the view that the matter should be considered afresh by the first respondent. The writ petition is hence disposed of as follows: 3. The petitioner may file an appropriate representation pointing out all these aspects before the first respondent within a week from today. In the event of the petitioner filing such representation, the first respondent shall consider the matter and pass a speaking order, adverting to the submissions made by the petitioner. We make it clear that it will be open to the third respondent also to file a representation within one week from today, so that the first respondent will be in a position to consider the rival contentions of the parties. Orders, as above, shall be passed within another 10 days. Interim order dated 28th April, 2010 passed by this Court will continue till such time. It is also made clear that in case there is any other vacancy available in Shimla to accommodate either the petitioner or the third respondent, that possibility will also be looked into in the process. The writ petition is disposed of, so also the pending applications. Dasti copy. (Justice Kurian Joseph), Chief Justice 13th May, 2010 ( Justice Deepak Gupta ), (tr) Judge. 3