MANJU CHAUDHARY Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 06.03.2014 (Annexure P-20) passed by respondent No. 2, whereby legal notice dated 02.12.2013 (Annexure P-16) has been rejected. Mr. Jagbir Malik, learned counsel appearing on behalf of the petitioner submits that the husband of the petitioner is posted in Delhi and the petitioner was appointed as JBT Teacher on 09.07.2004 and was allocated District Faridabad. The petitioner joined on 02.08.2004 with respondent No. 5 i.e. Government Primary School, Asaoti, District Palwal. However, in the year 2008 i.e. August 2008 District Faridabad was bifurcated to District Faridabad and Palwal. The petitioner stated to have made a representation dated 30.12.2010 (Annexure P-6) seeking transfer in District Faridabad. Thereafter," number of representations were made and ultimately legal notice dated 02.12.2013 (Annexure P-16) was served which was directed to be decided by this Court vide order dated 10.01.2014 in CWP No. 195 of 2014. The grievance of the petitioner is that at the time of bifurcation of the District, consent should have been taken and since no consent has been taken as seniority list of both the Districts vis- -vis JBT Teacher is joint, therefore, the petitioner was under the impression that as and when separate seniority list of both the district is made, consent would be taken.

(2.) Mr. Jagbir Malik, learned counsel for the petitioner submits that the impugned order is not only fallacious but suffers from illegality, much less, perversity for the reasons that the consent of the petitioner has not been taken and in support of the submissions has relied upon the judgment of Hon'ble Supreme Court rendered in Jawaharlal Nehru University v. Dr. K.S. Jawatkar and others, 1989 AIR(SC) 1577.

(3.) Mr. Keshav Gupta, learned counsel appearing on behalf of State submits that order dated 06.03.2014 (Annexure P-20) has been passed keeping in view the Inter-District Transfer Policy Guidelines. As per Clause 10, all such female JBT/C&V Teachers, who have sought transfer in District, their husband should be working in the State Cadre posts of State/Centre Government/Local Bodies and Corporate Bodies. Delhi Jal Board has been impleaded as respondent No. 7. Affidavit of Mr. S.K. Sharma, Assistant Commissioner (T), Delhi has been filed to contend that since petitioner is not employee of Delhi Jal Board therefore no relief has been sought against them.