High CourtsDivision Bench(2011) 04 SHI CK 0368

Rakesh Kumar vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 6 April 2011

HON’BLE JUDGES
Kurian Joseph, C.J · V.K. Ahuja, J
CASE NUMBER
LPA No. 67 of 2011

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Judgment

6 paragraphs · 288 words

Kurian Joseph, C.J.

Caveat Petition No. 265 of 2011:

Allowed and disposed of.

LPA No. 67 of 2011:

1.

The Appellant is Petitioner in the writ petition. He is aggrieved since he has been transferred from Government Senior Secondary School Ghumarwin, District Bilaspur to Govt. Senior Secondary School Jamni, District Mandi. The learned Single Judge declined to interfere with the transfer order on the ground that the Petitioner-Appellant had not worked outside the home District for the last more than 15 years. According to the Petitioner/Appellant, he has worked in various schools in District Bilaspur and it is not so that he has worked in the same school for more than 15 years. It is further submitted that there are other teachers in the school, who have been continuing there around nine or more years. They are not party before us. Therefore, it is not possible to examine that aspect of the matter. Still further, it is submitted that there are other places also for the fourth Respondent to be accommodated, in case he had to be transferred from Jamni to Ghumarwin. If that be so, the Petitioner/Appellant may point out such a vacancy, wherein he can be accommodated instead of disturbing the fourth Respondent, since the fourth Respondent in his service has worked in various Districts and in Sub-cadre areas also. Therefore, this appeal is dismissed without prejudice to liberty to the Petitioner to make an appropriate representation before the first Respondent, in the lines indicated above, and in which event, the representation will be considered and disposed of by the first Respondent within one month.

2.

In view of the dismissal of the main appeal, all the pending miscellaneous application(s), if any, also stand disposed of.