SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a transfer/posting matter. The petitioner teaches in a school and is a NCC Part Time Officer and NSS trainer who imparts this special education in addition to his regular teaching duties of training young students in NCC standards. In the transfer policy floated by the Government of Haryana inter alia in the Education Department for the year 2009-2010, a special care has been taken for NCC/NSS trainees a provision for which is stipulated in Clause (f) of paragraph 3 of the policy. The guideline relevant to this case reads as follows : -

(2.) The challenge in this petition is to the impugned transfer order dated 7/23.8.2013 (P-9). The petitioner has been transferred from Government Primary School, Nauguran, Jind to Government Primary School, Kuchrana Khurd, Jind against a vacancy in the latter school.

(3.) In the new place of transfer which is not very distant from the previous school it is said that there is no NCC Part Time Officer-cumteacher in position. It is, therefore, reasoned that NCC cadets in the previous school will be left in the lurch. These are in substantial number. The GPS Naugran will suffer since no NCC Officer would be present to teach the targeted cadets whose training would be either disrupted or unavailable. On 2.9.2013 this Court interfered in the matter and called upon Mr. Nehra, learned Sr. DAG Haryana to take instructions as to the logic behind depriving a school of a teacher who is NSS/NCC trained so that the students in the transferor and transferee school do not suffer. It was also ordered in the interim that pending adjudication, the petitioner may join at the new place of posting but that will not be taken as a waiver of his right to press this petition and prayers made on merits therein. The petitioner undertook that he would join the new place of posting on the next day. He did.