Chamel Singh vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner is aggrieved by his transfer from Shri-Kiari to Chowki. The Petitioner had earlier approached this Court and this Court had directed the Deputy Director to consider whether the Petitioner could be accommodated in the vacancy available at Dakkar. The Deputy Director has rejected the representation stating that there is no vacancy available. But the Petitioner has produced, Annexure P-4, certificate from the Teacher Incharge, which shows that there is a vacancy for the last about one year. The Deputy Director, who is present before this Court, submits that one Smt. Sushila Bhardwaj had already been transferred to that vacancy. However, she is continuing on medical leave. The vacancy referred to by the Teacher Incharge in Annexure P-4 could very well be stated in the impugned order by the Deputy Director, in which case the Petitioner would not have probably approached this Court with this Annexure P-4. Be that as it may. The Deputy Director submits that Smt. Sushila Bhardwaj also is not happy with her posting at Dakkar since the said place is inconvenient to her. It is seen from the representation that she hails from Ranital, Nahan. If that be so, Chowki would be nearer to her than Dakkar.

In the above circumstances, there will be a direction to the 3rd Respondent-Deputy Director to forthwith post the Petitioner at Government Primary School, Dakkar. The 3rd Respondent will transfer Smt. Sushila Bhardwaj, who is on leave, from Government Primary School, Dakkar to Government Primary School, Chowki, so as to accommodate the Petitioner at Dakkar. The 3rd Respondent will also ascertain from Smt. Sushila Bhardwaj as to whether there is any other convenient vacancy where she is interested and in view of her illness, appropriate action will also be taken to transfer her to such available vacancy.

Interim order dated 21.7.2011 in CMP No. 7200 of 2011 is vacated.

The writ petition is disposed of, so also the pending application (s), if any