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2012 Supreme(HP) 646

DEEPAK GUPTA, RAJIV SHARMA
Dalip Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Anita Dogra, Advocate.
For the Respondents:Mr. Vivek Singh Thakur, Addl. A.G. for respondents No. 1 to 3. Respondent No.4 already ex parte.

JUDGMENT

Rajiv Sharma, Judge.

Petitioner was posted as Junior Basic Trained Teacher in Government Senior Secondary School, Durah (Nirmand) on 23.2.2004. He remained posted in Government Primary School, Durah with effect from 23.2.2004 to 17.7.2007. He was transferred to Government Primary School, Nither on 18.7.2007 where he remained posted upto 16.2.2010. Thereafter, he was transferred to Government Primary School, Sarahar on 17.2.2010. Now, the petitioner has been transferred from Government Primary School, Sarahar to Government Primary School, Deogi (Nirmand).

2. The distance between Government Primary School Durah and Government Primary School, Nither is 8 KMs. The distance between Government Primary School, Nither and Government Primary School, Sarahar is 13 KMs and the distance between Government Primary School, Sarahar and Government Primary School, Deogi is 26 KMs.

3. Ms. Anita Dogra has argued that the date of superannuation of the petitioner is 30.6.2014 and her client has not been permitted to complete his normal tenure in Government Primary School, Sarahar. The petitioner had more than two years’ service when he was transferred from Government Primary School, Sarahar to




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