CWP No. 2708/2011 14.07.2011 Present: Mr. Rajesh Kumar, Advocate, for the petitioner. Mr. Ram Murti Bisht Dy. A. G for respondents No.1 to 4 Mr. Mohit Thakur, Advocate, for respondent No.5 Petitioner was posted at Bhota in terms of order dated 10.06.2008. Under the rationalization policy, he was transferred from Bhota to Nand (Solan) on 16.08.2010. According to the petitioner, his seniority was wrongly reflected at that time. However a corrigendum dated 25.08.2010 was issued whereby in place of petitioner, private respondent was posted at Nand and petitioner was allowed to continue to work at Bhota. But by a subsequent order dated 9.9.2010, petitioner was transferred from Bhota to Nand vice private respondent. This order was challenged by the petitioner before this Court by way of CWP No. 5742/2010, which stands decided by learned Single Judge of this Court in terms of judgment dated 21.12.2010 and the order of transfer dated 9.9.2010 was quashed. 2. However by a subsequent order dated 16.4.2011, petitioner now again stands transferred from Bhota to Danoghat and private respondent stands adjusted at Bhota. It is this order which has been assailed in the present petition. 3. On 23rd of June, 2011, this Court passed the following order:- “Prima facie, it appears that both the petitioner and the private respondent have been working in and around their home town/village over a considerable period of time. Petitioner has also alleged tampering of the records maintained by respondent No.2. On 29th April, 2011, this Court had directed that the entire records pertaining to transfer/rationalization be produced. The same has yet not been done. 2. Respondent No.2 is directed to file his personal affidavit stating the places of posting of both the teachers since the time of their joining the service. Also he shall explain as to under what circumstances private respondent No. 5 was accommodated time and again in and around Bhota. It also appears that even though private respondent was not relieved from the census duty yet he was allowed to join the school at Bhota. And even though petitioner had been deputed by the authorities of the school at Bhota for checking papers outside the school, he was relieved in absentia. Therefore, under what circumstances, was the joining/relieving report accepted/issued. Respondent No.2 shall also deal with these aspects of the matter. Needful be positively done within a period of two weeks. List on 14.7.2011 after DB matters.” 4. Mr. Rajeev Sharma, Director of Elementary Education has filed his affidavit dated 13.07.2011. He has specifically not dealt with the observations made by this Court on 23.06.2011, but however record produced by the State has been examined and returned. Record also does not indicate under what circumstances, petitioner who was on examination duty was relieved in absentia. However record reveals that private respondent was relieved from the census duty and only thereafter he was allowed to join the school at Bhota. 5. Undisputedly petitioner has completed his normal period of tenure. Amongst others, it is his grievance that he has been transferred out only to accommodate the private respondent. 6. Both the petitioner and the private respondent are working as TGT which is a State cadre. It is seen from the affidavit that since inception, except for a brief period when petitioner was posted in Sub cadre area, neither he nor private respondent have ever worked in hard/difficult/tribal area. Affidavit reveals that both of them have been posted in and around their places of residence. This is evident from the following chart extracted by respondent No.3 in his affidavit:- “1. Sh. Vipin Kumar (Petitioner) S.No. Place of Posting Period 1. GHS Piran Distt. Shimla 30.7.90 to 21.7.94 2. GSSS Mashobra Distt. Shimla 21.7.94 to 14.2.97 3. GHS Barsar Distt. Hamirpur 15.2.97 to 30.6.2000 4. GSSS Bagwara Distt. Hamirpur 01.7.2000 to 22.6.2002 5. GMS Jakhyot u/c GHS Dhirwin District Hamirpur 22.6.2002 to 6.10.2003 6. GHS Karer Distt. Hamirpur 18.10.2005 to 9.6.2008 7. GSSS Bhota Distt. Hamirpur 10.6.2008 to 19.4.2011 2. Sh. Jitender Kumar, TGT (N/M) (Respondent No.5) S.No. Place of Posting Period 1. GSSS Churag Distt. Mandi 26.8.2002 to 3.10.2002 2. GSSS Bani Distt. Hamirpur 4.10.2002 to 11.1.2005 3. GSSS Chabutra Distt. Hamirpur 12.1.2005 to 9.6.2008 4. GSSS Bhota Distt. Hamirpur 9.6.2008 to 20.4.2011 5. GSSS Bhota District Hamirpur 25.4.2011 to continue 7. Record also reveals that both the petitioner and the private respondent have been repeatedly approaching higher authorities and some how managing the orders of their posting on a station of their choice/convenience. This shocking state of affairs needs to be rectified. 8. Consequently, there shall be a direction to respondent No.1 to look into the matter himself and take a decision with regard to the place of posting of both the petitioner and the private respondent, away from their place of permanent residence and if required, preferably in a hard/difficult/tribal area. This shall positively be done within 4 weeks from today. Affidavit of compliance shall be filed positively within 5 weeks by respondent No.1. 9. With these observations, present petition is disposed of, so also the pending application, if any. Interim order is vacated. A copy of this order duly authenticated by Court Master be given to learned Deputy Advocate General. July 14, 2011 ( Sanjay Karol ), (rana) Judge.