Shital Parkash Sharma vs State of H.P. and others

Rajiv Sharma, Judge

Petitioner was transferred from Government Primary School, Koti Utrao to Government Primary School, Doon Deveria vide order dated 12th September, 2011 (Annexure P-1). However, before the order dated 12th September, 2011 (Annexure P-1) was given effect, vide office order dated 13th September, 2011 (Annexure P-2), the respondent No. 4 has been transferred on promotion to Government Primary School, Doon Deveria. The order dated 12th September, 2011 (Annexure P-1) has been issued by the Director and the order dated 13th September, 2011 (Annexure P-2) has been issued by the Deputy Director, Elementary Education. Since the transfer of the petitioner has been effected prior in time to the transfer of respondent No. 4, he should have been permitted to join his duties at Government Primary School, Doon Deveria instead of permitting respondent No. 4, who has been transferred on 13th September, 2011. Moreover, it was always open to the Director to accommodate/adjust respondent No. 4 on promotion at any Government Primary School instead of dislodging the petitioner, who was under transfer from Government Primary School, Koti Utrao to Government Primary School, Doon Deveria.

Accordingly, in view of the observations and discussions made hereinabove, the petition is allowed. Annexure P-2, dated 13th September, 2011 is quashed and set aside. Respondents No. 1 to 3 are directed to implement Annexure P-1, dated 12th September, 2011. However, taking into consideration the fact that respondent No. 4 was promoted, he can be adjusted in and around any School nearer to Government Primary School, Doon Deveria. The pending application (s), if any, also stands disposed of.