HARMINDER KAUR Vs. HARYANA STATE AND OTHERS

JUDGEMENT

(1.) The plaintiff is aggrieved against the judgment and decree passed by the courts below whereby her suit for declaration challenging the change in the seniority was dismissed.

(2.) The plaintiff was appointed as J.B.T. Teacher on 7.9.1961 in Patiala Division. Vide Circular dated 23.4.1963 options were invited from the teacheresses for transfer to the other District and Divisions, copy of said Circular is Ex.D.W. Plaintiff-appellant was transferred to Ambala Division vide order dated 30.11.1963 and she joined her duties in Ambala Division on 1.12.1963. The Department also framed Rules Ex. D.1 wherein it was made clear that seniority of teachers who are transferred from one Division to another Division at their requests is to be fixed at tail. It is the stand of the respondents that since the plaintiff was transferred to Ambala Division on her request, therefore, her seniority is to be fixed at tail. She is junior to another Harminder Kaur who was working in those days in Ambala Division. In the gradation List published in 1973 particulars of the present plaintiff were wrongly shown in place of said Harminder Kaur. Said clerical mistake has been rectified by the Department and the revised seniority list has been issued in the year 1976 wherein the name of the plaintiff is mentioned at Sr. No. 201-A.

(3.) In the present appeal, the learned counsel for the appellant has argued that the transfer of the plaintiff from Patiala Division to Ambala Division was in public interest and not on her own request. Therefore, the plaintiff cannot be put at tail at the seniority list of the teacheresses. It is contended that there is no evidence on record produced by the defendants that the transfer of the plaintiff from Patiala Division to Ambala Division was on her request.