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2011 DIGILAW 239 (HP)

Karan Singh v. State of H. P.

2011-01-06

V.K.AHUJA

body2011
JUDGMENT V.K. Ahuja, J. Petitioner was transferred from Lambloo to Mandhol. He filed a representation and as per the interim order passed on 19.10.2010 in CWP No. 6519 of 2010, he was posted at Balakrupi in place of respondent No. 3. In pursuance of that order, he joined at Balakrupi and respondent No. 3 got his transfer order cancelled vide Annexure P-5. The petitioner has again filed this writ petition. 2. I have heard the learned counsel for the parties. 3. Respondent No. 3 is at Balakrupi since 1998 and, therefore, he is not entitled to claim that he should be adjusted at Balakrupi. Since the petitioner joined at Balakrupi only on 20.10.2010 and his subsequent transfer cannot be said to be in public interest, hence order of transfer is quashed. The petition is disposed of to the extent that the petitioner shall be allowed to continue work at Balakrupi and respondent No. 3 may join at Droh in District Kangra. However, respondent No. 3 is at liberty to make a representation to the Director of Higher Education putting up his grievance, if any, in regard to the illness of his mother and his own illness, who will consider the case of respondent No. 3 in accordance with law and justice. 4. With these observations, the writ petition stands disposed of, so also the pending application(s), if any.