The court dismissed a public interest litigation regarding the transfer of a school teacher in Himachal Pradesh, holding the petition no longer viable. The interim stay was vacated.
Petition dismissed; interim order dated 11.1.2007 vacated; liberty granted to file representation.
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CWP(T) No. 16450 of 2008(OA (M) No.17/2007)
14.12.2009 Present:Mr. T.C.Sharma, counsel for the petitioner.
Mr. R.K.Sharma, Senior Addl. A.G. with Mr. A.K.Bansal, Addl. A.G. and Mr. R.P.Singh, Asstt. A.G. for respondents No. 1 & 2.
Mr. Lovneesh Kanwar, counsel for respondent No.3.
The petitioner has filed this petition for his transfer from Govt. Middle
School, Barswan, Tehsil Sadar, Distt. Mandi to Govt. Middle School, Kasauhal in Tehsil Karsog. The learned counsel for the petitioner has submitted that petitioner had earlier served at Lahaul & Spiti from the year 1981 to 2000, but he has again been transferred to Govt. Middle School, Barswan to Govt. Middle School, Kasauhal, which is sub cadre area. The learned counsel for the petitioner has submitted that as per the then policy, the petitioner could not have been transferred again to sub-cadre area once he had served hard area for about 19 years. The erstwhile Tribunal had granted stay on 11.1.2007 against his transfer and the petitioner is continuing on the basis of interim order dated 11.1.2007. The petitioner has already served more than three years at Govt. Middle School, Barswan. In these circumstances, now the petition does not survive and is accordingly dismissed. However, the petitioner is at liberty to file representation to the appropriate authority within two weeks from today for adjusting him at some other place and in case such representation is made, the appropriate authority shall decide the representation within a period of one month. In view of these observations, the petition stands disposed of. The interim order dated 11.1.2007 stands vacated.
CMP(T) No. 710 of 2009
Infructuous.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
