LAWS(P&H)-2000-1-103

SUSHILA RANI Vs. STATE OF HARYANA AND OTHERS

Decided On January 14, 2000
SUSHILA RANI Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) SUSHILA Rani -petitioner was transferred from Government Primary School/Um -rawat to Government Primary School, Dang Khurd on 25.5.1998. She was again transferred on July 15,1998 from Government Primary School/Urnrawat to Government Primary Model School, Bhiwani but the transfer could not be materialised because the District Primary Education Officer has not issued the transfer order. On October 29, 1998 she was again transferred from Govt. Primary School/Dang Khurd to Govt. Primary School, Kant. On February 22, 1999 the petitioner was again transferred from Government Primary School/Kant to Govt. Primary School Ajitpura. She is stated to be a handicapped person as per medical certificate issued by Dy. Chief Medical Officer, Bhiwani, Annexure P -2. She has been transferred from one place to another at the instance of Jagat Narain Kathuria -respondent No. 4 who is an influential person having contacts with the politicians. Invoking the provisions of Articles 226/227 of the Constitution of India, Sushila Rani - petitioner has, therefore, filed this writ petition in the nature of Mandamus to quash the transfer order Annexure P -4.

(2.) THE facts are not in dispute, so far as it relates to the transfer of the petitioner from one place to another and that she is a handicapped person suffering 40% disability.

(3.) IN view of the aforesaid facts, it is hereby ordered that the case of the petitioner for transfer be considered on medical grounds after April 30,2000 within a period of one month.