IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP Nos. 8949 of 2011-E & CWP No. 10301 of 2011-A Decided on: 22nd December, 2011. CWP NO. 8949 of 2011-E Meenakshi Joshi, W/o Sh. Rajesh Joshi, resident of 204/10, Upper Bhagwan, Mandi, District Mandi, H.P. , presently posted as Lecturer-Political Science in govt. Sr. Sec. School Kanaid, District Mandi, H.P. …Petitioner Versus 1. State of Himachal Pradesh through Director, Higher Education, to the Government of Himachal Pradesh, Shimla-2. 2. Principal, govt. Senior Secondary School Kanaid, District Mandi, H.P. 3. Mahima Sharma, Lecturer-Political Science, Govt. Sr. Sec. School Kanaid, District Mandi, H.P. …Respondents. CWP NO. 10301 of 2011-A Sant Singh s/o Sh. Budhi Singh r/o Village Sehal, P.O. Pairi, Tehsil Sadar, Distt Mandi, H.P. ….Petitioner. Versus 1. State of Himachal Pradesh through Secretary Higher Education Shimla, H.P. 2. Director Higher Education, Himachal Pradesh Shimla H.P. 3. Principal govt. Senior, Secondary School, (Boys) Mandi H.P. 4. Minakshi Devi presently Lecturer Political Science, Govt. Senior Secondary School (Boys) Mandi, H.P. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Ashwani Pathak, Advocate in CWP No. 8949 of 2011. Mr. Vinod Thakur, Advocate, for the petitioner in CWP NO. 10301 of 2011 2 For the Respondents: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG and Mr. J.K. Verma, Dy. AG. for the respondent-State. Mr. Tek Chand Sharma, Advocate, for respondent No.3 in CWP No. 8949 of 2011. Mr. Ashwani Pathak, Advocate, for respondent No.4 in CWP No. 10301 of 2011. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) There are three teachers involved in these two writ petitions and the issue pertains to transfer. It appears that the epicentre of disputes is the transfer of Smt. Mahima Sharma, third respondent in CWP No. 8949 of 2011. She has been working at Government Senior Secondary School, Gaddidhar, Tehsil Sarkaghat, District Mandi. But when her husband, who is Ayurvedic Medical Officer got transferred to Rara, as a couple case, the third respondent also made a request for transfer and that transfer was effected on 12.10.2011 after disturbing Smt. Meenakshi Joshi, who has been sent to Gaddidhar. Smt. Meenakshi Joshi challenged the transfer and this Court directed the department to see whether she can be adjusted in any of the three schools pointed out by her including Government Senior Secondary School (Boys), Mandi. Apparently, in compliance with the interim order, Smt. Meenakshi Joshi was adjusted at Government Senior Secondary School (Boys), Mandi disturbing Sh. Sant Singh, who was sent to Gaddidhar. The main grievance of Sh. Sant Singh is that he is transferred during the mid academic session. That appears to be the situation in other cases also. Therefore, in case all the transfers are deferred till the academic 3 session is over, the whole problem can be solved. Therefore, both the writ petitions are disposed of as follows:- i) The transfer of Smt. Mahima Sharma from Gaddidhar to Kanaid will be deferred till 2.4.2012, meaning thereby Smt. Mahima Sharma will continue to be a teacher in Government Senior Secondary School, Gaddidhar till 31.3.2012. On 2.4.2012, Smt. Mahima Sharma shall go and join at Government Senior Secondary School, Kanaid, District Mandi. ii) On 2.4.2011, Sh. Sant Singh will go and join at Government Senior Secondary School, Gaddidhar. iii) Smt. Meenakshi Joshi may join at Government Senior Secondary School, Kanaid, District Mandi up to 31.3.2012 and on 2.4.2012, she will go and join at Government Senior Secondary School (Boys) Mandi. In order to avoid any litigation with regard to the intervening developments, it is made clear that all the teachers shall be deemed to have been continued in duty for this period in between and they are entitled to TTA and joining time, if they are otherwise eligible in terms of the transfer orders being effected, as above. 2. The writ petitions are disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 22nd December, 2011. (Justice Rajiv Sharma), (tr/kck) Judge. 4