SURAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was working as Science Master in the Punjab Education Department. In May 1981, he was posted in Government High School, Sangatpura, District Amritsar. He was transferred to Tahli Sahib in the same District by order dated 14.5.1981. The petitioner joined at Tahli Sahib. From there, the petitioner was again transferred on 17.8.1981 to Chak Sikinder in the same District. By the third and last order dated 12.10.1981, the petitioner was transferred back from Chak Sikinder to Tahli Sahib. The case of the petitioner is that he incurred the displeasure of the local M.L.A Shri Iqbal Singh and he was, therefore, being harassed by frequent transfers and in fact three transfers had been ordered within a space of five months. He relied on the policy decision of the State Government that where there was no complaint and the teacher showed good results of 50% or more, he was not to be normally disturbed by frequent transfers. It is in these facts that the petitioner sought a writ :)f mandamus directing the respondents not to transfer him time and again for collateral purposes. The motion Bench by its order dated November 2,1951 stayed the operation of the impugned transfer order dated 12.10.1981 transferring the petitioner from Chak Sikinder to Tahli Sahib. The stay continues till today. With the result that all these years, the petitioner must have remained posted at Chak Sikinder.

(2.) In the written statement, allegations of mala fide or interference from, the local M.L.A were denied. It was stated that the petitioner had been transferred to Tahli Sahib in public interest at the request of some parents of students and the Head Master. It was further stated that the petitioner was transferred from Government High School, Tahli Sahib to Government High School, Chak Sikinder on his own request. It was further pointed out that village Chak Sikinder is Situated within 5 miles from the native village of the petitioner. On further consideration, however, it was found that the services of the petitioner were required at Government High School, Tahil Sahib where he had been transferred earlier. It was, therefore, that the impugned order dated 12.10.1981 was passed.

(3.) In view of the written statement, no case for interference is made out. In any case, the petition is rendered infructuous as under stay orders of his Court, the petitioner has reamined posted at Chak Sikinder since October .1981. The petition is accordingly dismissed as having been rendered infructuous.