IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1534 of 2011 Date of decision: 25.05.2011 Khurshi Ram …. Petitioner Versus State of H.P. and another ... Respondents Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. G.R. Palsra, Advocate. For the respondents: Mr. R.M. Bisht, Deputy Advocate General. V.K. Ahuja, J.(Oral): CMP No. 2048 of 2011: The application stands allowed since interim order has already been passed on 7.4.2011. The same will continue till the disposal of the petition. The application stands disposed of. CWP No. 1534 of 2011: The petitioner who is working as Laboratory Attendant in G.H.S. Khuhan, has been transferred vide impugned order Annexure P-2 dated 28.2.2011 to GSSS Gada-Gusaini. No person has been posted in place of the petitioner. 2. The grievance of the petitioner is that he has completed three years at his present place of posting and is liable to be transferred as per the policy, but he has been transferred against the 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 policy, since he has already served in hard/sub-cadre area having been posted in GSSS Gada-Gusaini. 3. In the reply filed by the respondents, they have pleaded that the petitioner has been posted at his present place for the last 12 years, which learned counsel for the petitioner submitted is incorrect, but no rejoinder alongwith affidavit has been filed in this regard. 4. In view of the above, it is clear that the petitioner has already completed three years and is liable to be transferred. However, there is a substance in the plea made by the learned counsel for the petitioner that the petitioner has already served in the hard/sub-cadre area having been posted at Gada-Gusaini and, therefore, this point needs to be looked into by the Director of Higher Education i.e. respondent No. 2, who shall pass an appropriate order on the representation to be filed by the petitioner within a period of two weeks from today and appropriate order shall be passed by respondent No. 2 within a period of two weeks or earlier of the receipt of the representation. Fresh orders shall be passed by respondent No. 1 keeping in view the assertions made in the representation and as per the policy of the Government. The petitioner shall not be disturbed till the representation is decided by respondent No. 2 and he shall continue at G.H.S. Khuhan till fresh orders are passed. 5. In view of the above, the writ petition stands disposed of, so all the pending miscellaneous application(s), if any. Copy Dasti. ( V.K. Ahuja ), May 25, 2011 Judge (BSS) 3