GIAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS case has a checkered history. The petitioner, who was posted as Head Teacher in Government Primary School, Janot (Education Block Sarahan) was transferred vide order dated 26.7.2013, Annexure P -1 to Government Primary School, Nagel Saketi (Education Block, Surla) vice respondent No.4. Admittedly, he was relieved from Government Primary School, Janot and joined his duties at the transferred station, i.e. Government Primary School, Nagel Saketi on 27.7.2013, of course, during the summer break. Respondent No.4 being on summer vacation was relieved from the school in absentia. Against her transfer, she preferred civil writ petition No.6006 of 2013, which was finally disposed of vide judgment dated 7.8.2013. The operative portion thereof reads as follows: -

(2.) IT is seen that there was a direction to the 1st and 2nd respondents not to compel the 4th respondent (petitioner in the above writ petition) to join her duties at new place of posting, i.e. Government Primary School, Janot. She, however, managed the interpretation of the judgment of this Court in a way that vide judgment (supra), passed by a Co -ordinate Bench of this Court in a writ petition, she preferred, has been allowed to continue in Government Primary School, Nagel Saketi, as the office order issued by Centre Head Teacher, Moginand, Education Block, Surla, District Sirmaur reveals. This has led in filing CMP (CWP No.6006 of 2013) No.15094 of 2013 by the petitioner (respondent No.3 in the said writ petition). The application when came to be listed before the same Bench, which has rendered the judgment in CWP No.6006 of 2013 on 26.8.2013, order (Annexure P -4), which reads as follows, came to be passed: -

(3.) CONSEQUENT upon the direction of this Court, the respondent -State has produce the record leading to the transfer of the petitioner from Government Primary School, Janot to Government Primary School, Nagel Saketi vice respondent No.4 vide order Annexure P -1.