AVINASH JUBLEE SON OF LATE SH. VED BRAT R/O VPO GHURKARI TEHSIL Vs. STATE OF HIMACHAL PRADESH THROUGH DIRECTOR HIGHER EDUCATION HIMACHAL PRADESH SHIMLA

JUDGEMENT

(1.) The challenge herein is to the order dated 30.4.2012 read with corrigendum dated 10.5.2012 Annexure P-1, whereby while adjusting the 3rd respondent, who was under transfer from GSSS Purana Kangra to GSSS Dehra, at GSSS Kachhiari (KGR) in the place of the petitioner, he has been ordered to be transferred to GSSS Dehra (KGR). The legality and validity of the impugned order has been assailed on the sole ground that the 3rd respondent being politically heavy weight, throughout her service career, managed her postings at difference places in Kangra District, within the radius of 10 kms and at this time also instead of reporting compliance and joining duties at GSSS Dehra, she has managed her posting in his place at Kachhiari (KGR) and it is he who has been transferred there at such a stage when he has not completed his normal tenure.

(2.) On the very 1st day of posting of this writ petition, i.e. 16.5.2012, in view of the submission made on behalf of the petitioner, in the interim, the following order was passed:

(3.) The 3rd respondent, however, when put in appearance has informed that she had already joined her duties in GSSS, Kachhiari on 11.5.2012, i.e. well before the interim order passed in this writ petition on 16.5.2012. Thus, vide interim order passed on 1.6.2012, the respondents were directed not to compel her to join duties at the transferred station, i.e. GSSS Dehra, however, with further direction that it will be open to her to avail leave of the kind due.