Himachal Pradesh High Court

WRIT PETITION 9593 of 2011 on 29 December 2011

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IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA.

CWP No. 9593 of 2011 Decided on: 29.12.2011

Prem Kumari, W/o Sh. Krishan Dass, working as JBT at Government Primary School, Nesang, Post Office Nesang, Tehsil Pooh, District Kinnaur, H.P.

....Petitioner

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1. State of H.P. through Secretary (Education) to the Government of Himachal Pradesh, Shimla-2Government of Himachal Pradesh, Shimla-2

2. The Director of Elementary Education, Himachal Pradesh, Shimla-1. Shimla-1.

3. Deputy Director, Elementary Education, Kinnaur at Reckong Peo, District Kinnaur, H.P. Reckong Peo, District Kinnaur, H.P.

4. Prem Chand, Working as JBT at Govt. Primary School Nesang, Post Office Nesang, Tehsil Pooh, District Kinnaur, H.P.Nesang, Post Office Nesang, Tehsil Pooh, District Kinnaur, H.P.

....Respondents

Civil Writ Petition under Article 226 of the Constitution of India. the Constitution of India.

Coram

The Hon’ble Mr. Justice Kurian Joseph, Chief Justice.The Hon’ble Mr. Justice Dev Darshan Sud, Judge.

For the petitioner

For the respondents

:Mr. Baldev Singh Negi, Advocate. Advocate.

:Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General, Mr. J.K. Verma, Deputy Advocate General and Mr. RameshThakur,Assistant Advocate General. General with Mr. Ankush Dass Sood, Additional Advocate General, Mr. J.K. Verma, Deputy Advocate General and Mr. RameshThakur,Assistant Advocate General.

Justice Kurian Joseph, C.J. (Oral)

The petitioner is aggrieved by Annexure P-1, order of transfer, whereby she has been transferred from Government Primary School, Nasang to Government Primary School, Sumra. According to the petitioner, there are vacancies available at Government Primary School, Kanam and Government Primary School, Taling. There is no reply yet. Therefore, this writ petition is disposed of with the following direction.

2. In case there is a vacancy available at Government Primary School, Kanam or Government Primary School, Taling, the petitioner shall be accommodated against one of the vacancies and only after considering the case of the petitioner, any other person shall be considered.

3. The writ petition is disposed of, as above, so also the pending application(s), if any.

Copy dasti.

(Justice Kurian Joseph),Chief Justice.

December 29, 2011( ms/hl)

(Justice Dev Dasrshan Sud), Judge.

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