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2011 DIGILAW 51 (HP)

Sohan Singh v. State of Himachal Pradesh

2011-01-04

V.K.SHARMA

body2011
JUDGMENT V.K.Sharma,J. The petitioner is a school lecturer. He was posted at Government Senior Secondary School, Junga, District Shimla. Vide office order dated nil of 2009, Annexure P-1 he has been transferred to Government Senior Secondary School, Nichar, District Kinnaur. Being Aggrieved on the twin grounds, firstly that he has been disturbed despite short stay of about one year and secondly since he has been detailed on census duty, the order of transfer is in violation of circular dated 27.4.2010, Annexure P5, which prohibits transfer of those State Government employees who have been put on census duty, till 31.3.2011, he had filed CWP No. 3678 of 2009 which was disposed of by this court vide order dated 19.3.2010 which is as follows: The petitioner is aggrieved by Annexure P-1, order of transfer passed by the Director, Higher Education, Himachal Pradesh. Whether reporters of the local papers may be allowed to see the judgment? No. The petitioner has raised several contentions. However, in the nature of the view that we propose to take in this case, we do not think that we should advert to the same and the matter will be considered by the first respondent. Therefore, the Writ Petition is disposed of as follows: In the event of the petitioner filing an appropriate representation within a period of two weeks from today, the matter will be duly considered by the first respondent and appropriate orders in accordance with law and justice thereon shall be passed within another one month. The interim order passed by this Court will continue till such orders are passed by the first respondent. The Writ Petition is disposed of, so also the pending applications. 2. In terms of aforesaid order dated 19.3.2010, the petitioner submitted the requisite representation to respondent No.1. However, the same has been rejected vide order dated nil of August, 2010. 3. It is how that the petitioner is once again before this Court. 4. The stand on behalf of the respondent-State is that since the petitioner belongs to State Cadre, he can be transferred anywhere in the State and he cannot have any grievance in this regard. 5. 3. It is how that the petitioner is once again before this Court. 4. The stand on behalf of the respondent-State is that since the petitioner belongs to State Cadre, he can be transferred anywhere in the State and he cannot have any grievance in this regard. 5. However, since the transfer of the petitioner is in violation of the established State policy which prohibits short stay transfers as also transfers of those government employees who are put on census duty, the petition is disposed of with a direction to respondent No.1 to adjust the petitioner against one of the three places of his choice, one out of which is Government Senior Secondary School, Dubloo, District Shimla against an existing vacancy as certified by the Principal of the said school vide certificate brought on record by the petitioner, within a fortnight from today, after affording an opportunity of being heard to the petitioner, if so desired. 6. In view of disposal of the main petition, pending CMP(s), if any shall also stand disposed of as infructuous Copy dasti.