Kanta Devi vs State of H.P. and Others

V.K. Ahuja, J.—The Petitioner who was posted as Physical Education Teacher was transferred vide impugned order Annexure P-2 dated 12.5.2011 from Government Middle School, Sakroha to Government Middle School, Masad. The grievance of the Petitioner is that he is working at his present place of posting since 31.3.2010. However, it has been mentioned in Annexure P-2 that the stay of the Petitioner has been considered by clubbing the stay within the radius of 15 k.m. However, it has been disputed by the Petitioner that his earlier place of posting was beyond 15 k.m. It has been disputed by the learned Counsel for the private Respondent. All these facts are to be considered by the Respondent No. 2 as to whether the stay of the Petitioner at both places of the posting were also to be clubbed and it should be three years in all at both the places of posting. There is no other grievance of the Petitioner except that it is a couple case. All these grievances of the Petitioner which he has got against his transfer orders, he may bring to the notice of Respondent No. 2 by filing a representation giving all the details of the grievances, which shall be considered by the Respondent No. 2. The representation, if any, shall be filed by the Petitioner within a period of 15 days from today and Respondent No. 2 shall consider the same within 30 days thereafter and appropriate orders shall be passed accordingly. The status quo, as it existed today shall be maintained. The grievance, if any, the Respondent No. 5 got, shall be brought to the notice of Respondent No. 2 by him before deciding the representation to be filed by the Petitioner and notice shall also be given to Respondent No. 5 to make submissions in this regard. The question of salary of Respondent No. 5 for this period shall also be considered by Respondent No. 2, who shall pass appropriate orders in case representation is filed by the Respondent No. 5 before Respondent No. 2.

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