High CourtsDivision Bench(2011) 11 SHI CK 0163

Gopi Chand Negi vs State of Himachal Pradesh and Another

High Court Of Himachal Pradesh · Decided on 16 November 2011

HON’BLE JUDGES
Rajiv Sharma, J · Kurian Joseph, J
CASE NUMBER
C.W.P. No. 8611 of 2011

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Judgment

6 paragraphs · 248 words

Justice Rajiv Sharma, J.—Petitioner is aggrieved by the order Annexure P-1, dated 26th September, 2011, whereby he has been transferred from Government College Sanjauli (Shimla) to Government College Banjar (Kullu) vice respondent No. 2.

2.

We passed the following order on 28.09.2011:

Challenge is on Annexure P-1, order of transfer. It is stated that the same is in public interest. But, it appears the second respondent is transferred without TTA and joining time. There appears to be some confusion in that regard.

That apart, it is submitted that in case the petitioner is to be transferred the same may be made at the end of academic year, namely March, 2012, otherwise it would affect the academic prospects of the children. Apparently, the same situation would be that of the second respondent also. In view of the above observations, there will be stay of operation of Annexure P-1, order of transfer for the time being.

3.

Learned Advocates appearing on behalf of the parties have jointly submitted that in order to ensure that there is no disruption in the academic session, the order dated 26th September, 2011 (Annexure P-1) can be made effective by the end of the academic session.

4.

Accordingly, the present petition is disposed of with a direction to the respondent-State that Annexure P-1, order dated 26th September, 2011 shall be enforced/implemented only by the first week of April, 2012 to avoid the disruption of academic session. The pending application(s), if any, also stands disposed of.