Himachal Pradesh High Court
CWP/11777/2011 on 30 December 2012
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.11777/2011/H
Decided on:December 30, 2011.
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1. Ajay Kumar s/o Sh. Thakur Dass, resident of village Bhagwani, PO Putrial Tehsil Nadaun, District Hamirpur, HP presently working as JBT (Junior Basic Teacher) at GPS Bandhol (KGR) Education Block Dadasibha, preferring his transfer to his Home District Hamirpur.
2. Parveen Kumar s/o Sh. O.P. Monkotia, r/o House No. 262, Ward No.3, Partap Nagar, District Hamirpur, HP presently working as JBT (Junior Basic Teacher) at GPS Behli, Gondpur, Education Block, Haroli, District Una, HP, preferring his transfer to his Home District Hamirpur, HP.
...Petitioners.
VERSUS
1. State of HP through Secretary (Education), to the Govt. of HP, Shimla-2.
2. Director Elementary Education, Shimla.
…..Respondents.
Coram
The Hon’ble Mr. Justice R.B.Misra, Judge. The Hon’ble Mr.Justice Dev Darshan Sud, Judge.
Whether approved for reporting?1.
For the petitioners: Mr.Naresh Kaul, Advocate
For the Respondents: Mr.R.K.Sharma, Sr. Addl. Advocate General with Mr.Rajinder Dogra, Addl.A.G.
R.B. Misra,(Oral):-
The writ petition is filed with the following prayer:- “i) That the respondents No. 1 & 2 may very kindly be directed to consider the case of the present petitioners for posting them to their home districts, i.e. Hamirpur, it is evident from 1 Whether the reporters of the local papers may be allowed to see the Judgment?
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Annexure P-5 that 24 posts of JBT were vacant on 31.3.2011 and as on 22.12.2011 there are 22 posts, which are vacant in District Hamirpur (Annexure P-7), keeping in view the peculiar facts and circumstances mentioned in the present writ petition and also in view of the recruitment and promotion rules (Annexure P-10), further in view of the facts that the post of JBT Teacher being a class III, Non Gazetted, District cadre post, while issuing a writ in the nature of mandamus with further direction the respondents to place the petitioners at the appropriate place in the list, which has been prepared by them as per their own merit, keeping in view the judgment (Annexure P-8) dated 20.10.2011 passed by this Hon’ble Court in CWP No. 7667/2011 etc. titled as Amit Thakur Versus State of HP and ors. As well as Annexure P-9, i.e. CWP No. 10884/2011 titled as Manjit Kaur Vs. State of HP and ors on 9.12.2011 by this Hon’ble Court.
(ii) That during the pendency of the present writ petiton, the respondent No.2 may be directed to shift the petitioners to their home district Hamirpur, as many as 22 posts are lying vacant in District Hamprur as on 22.12.2011 ( Annexure P-7), which were also available at the time of counseling of the petitioners, further as on 31.3.2011 as per Annexure P-5 their were 24 posts which were vacant.
2. This Court vide Annexure P-8, judgment dated 20th October, 2011 has considered the issue and issued the following directions:- “1. In the event of any of the petitioners making a representation for posting against any of the vacancies in the Districts, referred to above, the same shall be considered favourably and orders in that regard shall be passed within two weeks from the date of the receipt of a copy of the representation along with the copy of this judgment.
2. In case any of the petitioners makes a representation against any vacancy in any District other than the home District, the same shall also be considered favourably and orders in that regard shall be passed within another two weeks. However, it is made clear and it shall be made clear in
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the orders also that the District they choose so shall be treated for all purposes as their home District in future.
3. It is however, made clear that in case in respect of any of the vacancies, referred to above, in the various Districts, recruitment process has already been set in motion by notifying those vacancies as on today, the notified vacancies shall not be tinkered in the process.”
3. In case the petitioners are also similarly situated, the case of the petitioners shall be considered in the light of the direction as above and appropriate action in the matter shall be taken within two weeks from the date of production of a copy of this judgment along with a copy of writ petition by the petitioners before the Director.
4. The writ petition is disposed of, so also the pending application(s), if any.
Authenticated copy.
( R.B. Misra)
Judge.
December 30,2011. (Dev Darshan Sud)
(sl) Judge
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