ASHOK BHARTI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Ashok Bharti, Lecturer in Economics, working at Govt. Senior Secondary School, Kaithal, has filed the present writ petition under Article 226/227 of the Constitution of India against respondents No. 1 to 3 and it has been prayed that a writ of certiorari may be issued quashing the order Annexure P -l by which he was transferred to Govt. Senior Secondary School, Pharal, District Kaithal.

(2.) The case set up by the petitioner is that he is a Lecturer in Economics in Govt. Senior Secondary School, Kaithal and was posted in that school on 23.7.1996. Along with the subject of Economics he was given the charge of N.S.S. Programme and this was the fourth year in progress of the petitioner as Incharge of N.S.S. Programme. Summer vacation had fallen on 21.5.2001 and the petitioner came to know from reliable sources that he has been transferred from the present place of posting to Govt. Senior Secondary School, Pharal, district Kaithal. According to the petitioner, the impugned order Annexure P -l has been passed without applying mind and the petitioner has been transferred against the policy and norms followed by the State Govt., due to political pressure. The order Annexure P -l is totally unconstitutional, non -speaking, unjust and is liable to be set aside. It has been pleaded that the State of Haryana has made a transfer policy on 7.3.2001 for transfer of the teachers within the State and as per the said policy, no teacher shall be transferred before completion of five years at one station except on the grounds of complaint, enquiry and bad result of the students. In the case of the petitioner there was no such complaint. The petitioner has not completed five years which would complete on 23.7.2001. It was also pleaded by the petitioner that he was the Incharge of N.S.S. Programme for the last four years. He was doing that job along with permanent duty of Economic Lecturer. As per the order dated 10.5.2001 issued by the Principal, Govt. Senior Secondary School, Kaithal the petitioner was directed to attend the Refresher Course at Delhi University, Delhi from 21.5.2001 to 25.5.2001 and when the petitioner was away to Delhi, the transfer order was passed on his back. The case further of the petitioner is that as per the transfer policy, teachers having special training such as N.C.C. Programme Officer, N.S.S. Programme Officer, Scout Master will be transferred only to those schools in which related schemes are in progress. But in Govt. Sr. Secondary School, Phral the N.S.S. Scheme is not available. So, the transfer orders are mala fide. With this background the petitioner has filed the present writ petition.

(3.) Notice of the writ petition was given to the respondents. They filed the reply and denied the allegations. The joint stand taken up by the respondents is that the petitioner has no legal right to remain at Govt. Senior Secondary School, Kaithal merely on the ground that he was in -charge of N.S.S. Programme, as per the manual of the Government of India, the Programme Officer cannot be retained as Programme Officer after more than three years. The petitioner has already completed more than four years ten months at Kaithal and as such he has no legal right to hold the charge of N.S.S. Officer as per the manual. He is working since 23.7.1996 as Programme Officer of N.S.S. at Kaithal. as per the manual of the Govt., a person more than 40 years cannot be appointed as N.S.S. Programme Officer. The date of birth of the petitioner is 5.9.1950. He has already crossed the age bar. Thus, he cannot be retained as N.S.S. Programme Officer. Moreover, he has already been relieved from Kaithal and he joined the duty at Phral, therefore, the writ has become infructuous.