• Regarding job transfer

I am working as Govt Teacher (JBT) at Govt. Primary School, Khalini, Shimla171002 since April, 2015. I was transfer on political pressure about 41 KM far on dated 7th April, 2018 but due to domestic problem as little school going kids and husband touring throughout the year mostly I did'nt join the school where I transfer and try to adjust nearby Shimla on the basis of political link but nothing has done at this end so I took the advice from Lawyer regarding the matter. As I was earlier transfer on the basis of H.P. High Court having CWP no. 9788/2014 i.e. Sushma Devi vs state so hire the same lawyer and lawyer said the case will be in your favour but lawyer file the case on 17th July, 2018 but till now no action has done she just said that the education department (other party) has not bring the record. Then the Hon'ble Tribunal court has given the date on 1.8.2018. again no record has produce by the education department. Then again Hon'ble tribunal court sumon to the third party (jisne mujhe uthaya tha) and given date to 28.08.2018. again education department has not produce the record. for which the record call by the court I have already produce as a photocopy.
the lawyer is not guiding me neither she has phone to me when I call then can not pick up the call.
Sir my question is that I was transfer on 7th April, 2018 but till now I am at home about six month. Lawyer is cooperative me, so what should I do? and can i again file the case at Hon'ble High COurt also study my earlier case having CWP no. 9788/2014. 
Also i have asked at court regarding the case the they said that you have given 26/09/2018 date. but lawyer did'nt inform me when i try to call she refuse to take call. so what is its mean? also sugest me that if there has something in my favour as per my situation,then what should i do, also suggest me the lawyer at Shimla who has no connection in political party especially in rulling party. also suggest why the lawyer behave just like this.
Asked 4 years ago in Labour

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9 Answers

Firslty, Mam, it is very unfortunate that some of our fellow friends from the legal community may behave in this way, for which we all others give our sincere sorry to you.

Secondly, as you have stated that every time they have beeen asking time to place one record, but do not do that.

Thirdly, as per my practice, I would have asked the judge to give them a final opportunity this time otherwise case will be decided.

Fourhtly, now, as this has not been done, I advice you to move an application for early hearing beer section 151 of CPC, and get the same recorded if again they don’t come out with the same.

Fifthly, but, as now you have already filed the present case, so you may not be allowed to file a new one in the same cause of action.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Since replacing a lawyer mid-case can be costly and stressful, you may want to do some soul searching to figure out why the relationship has deteriorated, and what, if any, steps can be taken to salvage it. Therefore it is better to improve the misunderstandings your lawyer by more discussions unless and until the reason for the abandonment is a major flaw in the lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0


AS per the facts told by you, it seems that you have a strong case.

But it is strange to hear that the lawyer is not cooperating with you.

I would advise you to meet some lawyer with entire set of documents for an alternate advise.

A lawyer will be in a position to give you better advise after perusing the documents on record.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) The other party may not have received summons from court so case could not stand by till date.

2) Your lawyer had not picked up your phone calls there may be different meaning for this, so try to meet her in personally.

3) One should take help of political background, as you have take previously a political help. One should continue the same as well now also.

1) You have read the transfer clause and rules n regulations of the government.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Lawyer should inform you about next date of hearing

If he failed to do so change your lawyer

Obtain NOC fromhim and appoint another lawyer

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0


I totally understand your problem but it's not a fault of lawyer.

It's totally depends on the court only. Why court not give proper

order against them.

You can file 1 case at a time.

You are a govt. teacher and today's scenario, court are very tuff on transfer issue.

They can't give order in your favor easily.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Client,

Non joining shall be taken as misconduct and reason for suspension. Better give joining and take medical leave.

If opposite party is not producing the records on repeated order, request the court to pass interim order in your favor.

Better change the lawyer, who is your lawyer ?

Earlier case is disposed, so no re opening.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are dependent on the lawyer, better you visit the office of the lawyer and take back the bundle and NOC from her and engage the services of another lawyer.

You cannot afford harming your life for the sake of a lawyer's negligent attitude.

If she refuses to return the case you may still engage the services of another lawyer or appear as a party in person and fight your case by yourself by taking advise from some other lawyer from outside.

First ignore the dependency on yor lawyer, look for better options that this if this is not helping you in any manner.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

The relation of client and the lawyer is based on the confidence and once it lost then better is to engage another lawyer.There may be some technical difficulties but any lawyer don't wants to loose or kill the interest of her/his client.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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