Ranjeet Kumar vs The State of Himachal Pradesh and Another

V.K. Sharma, J.—The petition has been filed on the following prayer:

That the Notification dated 30.4.2011 (P-1) transferring the Petitioner from Govt. Senior Secondary School, Kandbari to Govt. Senior Secondary School, Lohardi may very kindly be quashed and set aside and the Petitioner may very kindly be permitted to work at present place of posting i.e. Govt. Senior Secondary School, Kandbari, in the interest of justice.

There is no reply as yet.

On 25.5.2011, the following order was passed by this Court in this matter:

The Petitioner is aggrieved since he is transferred within a short span of one year. His further grievance is that he had already served in sub-cadre area and he is again transferred to sub-cadre area. The second Respondent is present before us. It is pointed out that Lohardi is not a sub-cadre area. It is also submitted that the second Respondent is six years senior to the Petitioner and the Petitioner is junior in service also. Third submission is that the second Respondent is nearing the end of his service and he proposes to settle himself and his family at Palampur. It is also pointed out that a post of Principal is to arise on 30th June, 2011 at Bandla, as pointed out by the Petitioner.

In the above circumstances, interim order, dated 7th May, 2011 is clarified to the effect that the second Respondent, for the time being, shall continue at Lohardi and the Petitioner at Kandbari. Though it is stated that the second Respondent has already joined duty at Kandbari on 5th May, 2011,the fact remains that on that date the Petitioner was on training duty. But, at least when the Petitioner came back, having known that the second Respondent has joined duty, appropriate arrangement should have been made or the matter should have been brought to the notice of this Court. Be that as it may. In order to avoid any complication to the Petitioner and the second Respondent, it is made clear that both, the Petitioner and the second Respondent, shall for all purposes be treated to have been continued at their respective places at Kandbari and Lohardi. The vacancy that is said to be arising on 30th June, 2011 at Bandla, shall not be filled up in the meanwhile otherwise than the Petitioner.

Post on 17th June, 2011. The learned Additional Advocate general will get instruction in the meanwhile.

A copy of this order, duly authenticated by the Court Master, shall be supplied to the learned Counsel for the parties during the course of the day.

Admittedly, the likely vacancy which was to arise at Bandla on 30th June, 2011, has not arisen for the reason that as per the latest policy formulated by the State Government, teaching staff in Government Schools would not retire even on attaining the age of superannuation, in case such retirement falls due after 31st March of the concerned year. Meaning thereby that there shall be no mid session retirement.

In view of the above, the petition is disposed of in the following terms:

1 The Petitioner and private Respondent No. 2 shall keep on working at their respective present places of posting, that is, Govt. Senior Secondary School, Kandebari, Distt. Kangra, H.P. and Govt. Senior Secondary School, Lohardi, Distt. Kangra, H.P., respectively, up-till 31.03.2012.

As soon as the vacancy of Principal will arise in Govt. Senior Secondary School, Bandla, Distt. Kangra (H.P.), on and with effect from 01.04.2012, either the Petitioner or private Respondent No. 2 shall be adjusted against the same.

The petition, so also pending application(s), if any, stand disposed of.