PARMESHWARI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as J.B.T. teacher in the provincialised cadre in May 1957. Vide order dated 6th February, 1964, a copy of which has been produced on record as Annexure P1, the petitioner was confirmed with effect from 9th May, 1959. She made a request for her transfer from Government Middle School, Rohna, District Rohtak, to Government Girls High School, Thanesar, District Karnal. Her request was accepted subject to the condition that she loses her seniority of District Rohtak and is placed at the tail of her cadre in Karnal District. She was accordingly transferred. Her grievance is that she was placed at the tail of teachers in the State Cadre instead of those in the provincialised cadre. As a result, she has suffered in the grant of selection grade etc.

(2.) In the written statement filed on behalf of the respondents, it has been, inter alia, averred that the petition is belated. It is also stated that the provincialised cadre is a diminishing cadre and as such, anyone who seeks transfer is not transferred to a post in the provincialised cadre but to a post in the State Cadre. On this premises, the claim of the petitioner is contested.

(3.) After hearing the learned counsel for the parties, I find that the case is squarely covered by the Judgment of the Division Bench in Naginder Singh and another vs. The State of Punjab and others,1990 1 RSJ 123. Their Lord- hips were pleased, inter alia, to observe as under :-