Hem Prakash vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayer:

i) That the Respondents may kindly be directed to relieve the Petitioner from GMS Seri Majhali under complex GSSS Taklech to GMS Kayartoo under complex GSSS Sarog.

The post at Sarog is lying vacant. But the learned Dy. Advocate General on instruction submits that Petitioner is the only regular teacher at Seri Majhali and all others are working on PTA basis. According to the Petitioner, he has been transferred on request in view of also the fact that he has served in sub-cadre area for more than six years. It is also seen that the Petitioner is teacher with 40% physical disability and in that view of the matter only he has been transferred. There will be direction to the -2-Director (Elementary Education), Shimla to see that a regular teacher who has not served or who has only less service than the Petitioner in sub-cadre area be posted at Seri Majhali so that the Petitioner can be relieved forthwith to join at Sarog. The needful in this regard shall be done within a period of two weeks from the date of production of the copy of this judgment alongwith a copy of the Writ Petition.