KULDARSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was a member of the JBT teachers cadre. By an order dated 12.1.2004, he was promoted as an S.S. Master, and posted at Government High School, Jangal. Through the impugned order dated 12.4.2006, the petitioner was transferred from Government High School, Jangal, to Government Senior Secondary School, Bamial.

(2.) Learned counsel for the petitioner has impugned the aforesaid transfer by asserting, that the order of one Sukhwinder Kaur was cancelled, which resulted in the vacancy at Bamial, against which he was posted on transfer. This, according to the learned counsel for the petitioner, is unacceptable in law since under the transfer policy, a person with longer stay, is to be transferred first. In this behalf, it is pointed out, that the aforesaid Sukhwinder Kaur had a longer stay, and therefore, she ought to CWP No. 6200 of 2006 Page numbers have been transferred in the first instance. It is not possible for us to accept the instant contention of the learned counsel for the petitioner. The instant transfer order emerges from the rationalisation scheme dated 5.10.2004, which clearly envisages, that teachers who came to the schools with post from 30.9.2003 to 20.9.2004 be shifted at the first instance to the nearby schools as the posts became surplus due to their joining. It is under the aforesaid clause of the rationalisation scheme, that the instant transfer order has been made, and as such, no fault can be found with the same.

(3.) Even otherwise, we are satisfied, that there is no cause to interfere with the aforesaid transfer on account of the fact, that the petitioner has been transferred from one school to another within the same district.