IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1858 of 2010. Decided on: 17th June, 2010. Sunil Acharya. ….. Petitioner. Versus State of H.P. and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Neel Kamal Sharma, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General, for respondents No.1 and 2. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioner is aggrieved since he is transferred within two months of his joining the duty. From the reply, it is seen that the transfer had to be made for accommodating one Shri P.C. Thakur, who has less than two years to retire from service and whose case was directed to be considered by this Court in the judgment in CWP No.384 of 2010. But the fact remains that the third respondent, who despite service of notice has not chosen to appear, has not only completed his tenure at RKMV, Shimla but has also been rendered surplus when the petitioner joined the duty. Be that as it may. The above mentioned P.C. Thakur was to be transferred to Nerwa and on account of the directions issued by this Court in CWP No. 384 of 2010, it is seen from the 2 reply that he is now adjusted at Sunni. Therefore, the post at Nerwa is vacant. Since the third respondent has now completed his tenure at Shimla and since he is also rendered surplus, it would be appropriate if the third respondent is transferred to Nerwa instead of disturbing the petitioner. The writ petition is disposed of directing respondents No.1 and 2 to retain the petitioner at RKMV, Shimla and it will be open to the said respondents to post third respondent either at Nerwa or at any other vacant place. 2. The writ petition is disposed of, so also the pending application(s), if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 17th June, 2010 ( Justice Rajiv Sharma), (tr/karan) Judge.