CWP No.3816 of 2009 26.10.2009 Present: Mr. Tarlok Jamwal, counsel, for the petitioner. Mr. P.M. Negi, Dy Advocate General with Mr. Ramesh Thakur, Assistant Advocate General, for respondents No.1 to 3. CMP No.7150 of 2009 Allowed. CWP No.3816 of 2009 Notice. Mr. P.M. Negi, learned Dy. Advocate General has accepted the notice on behalf of the respondents No.1 to 3. Heard. The petitioner has been working as OT at Govt. Senior Secondary School, Bhater Choki at Trifalghat for more then 3 ½ years. He has now been transferred to a School at Karsog at a distance of about 100 Kilometers. The order reads that the petitioner shall not be paid any TTA/ joining time. The petitioner has challenged the order on two grounds. Firstly, he says that he has been replaced by a contract teacher, secondly, he says that he had not made any request for transfer and the condition that he will not be entitled to TTA/joining time is contrary to the rules. We have heard both the parties and proceed to finally dispose of the petition with the consent of the parties. The petitioner having already completed 3 ½ years, has no right to remain posted in the school from which he has been transferred. So his first challenge to the transfer order is without merit. Hence rejected. As regards the second ground, the petitioner having not asked for his transfer, as claimed by him, he is entitled to TTA/joining time under the rules. Hence, the petition is partly allowed and it is ordered that the petitioner shall be paid TTA and also allowed joining time. In case, the respondents feel that petitioner should join immediately at the school to which he has been transferred, so that the students do not suffer, leave equivalent to the joining time shall be credited to his leave account. CMP No.7149 of 2009 Infructuous. Copy Dasti (Surjit Singh), J ( Kuldip Singh) J. October 26, 2009 (sks)