Chetan Chauhan vs State of H.P. and Others

V.K. Ahuja, J.—The Petitioner, who was working as JBT at Government Primary School, Seepur was transferred to Government Primary School, Dhadradhar, vide order dated 9.3.2010, vice Respondent No. 5. Thereafter, the Petitioner made representation that his father is not keeping good health and is under treatment at Indira Gandhi Medical College & Hospital, Shimla and, therefore, he was adjusted at Government Primary School, Domehar in Block Mashobra, vide order dated 1.4.2010. After serving at Government Primary School, Domehar, he was again transferred to his previous place of posting at Dhadradhar. Respondent No. 6 has been transferred to Dhadradhar vide order dated 1.4.2010.

The Petitioner is stated to be on election duty while Respondent No. 6 is stated to be on census duty. The Petitioner and Respondent No. 6 are stated to be performing their duties at Government Primary School, Dumehar. Both Petitioner and Respondent No. 6 cannot continue at one place i.e. Government Primary School, Dumehar, Block Mashobra, since there is only one post of JBT in that School and they cannot continue against one post. Therefore, Respondent No. 2 is required to take steps to consider the question of transferring one of the parties so that both the Petitioner and Respondent No. 6 do not continue working at Dumehar.

Therefore, the present writ petition is disposed of as follows. A copy of this judgment shall be produced by the Petitioner before Respondent No. 2 within 7 days from today, in which case, the said Respondent shall pass appropriate orders considering the case of the Petitioner as well as of Respondent No. 6 and, if necessary, Respondent No. 6 shall also be heard and appropriate orders shall be passed by Respondent No. 2 within another two weeks. Till orders, as above, are passed by Respondent No. 2, status quo, as on today, shall be maintained.

Pending miscellaneous application(s), if any, also stand disposed of.