BHUPESH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The grievance made by the petitioner in the instant petition is that vide order dated 28.9.2006 (P-6) she has been transferred from the post of Lecturer in Commerce, Government Girls Senior Secondary School, Prem Nagar, Karnal, to Government Senior Secondary School, Ismailabad, District Kurukshetra, against a vacant post. It has been asserted that, in fact, the order dated22.7.2006 (P-3) transferring the petitioner from Karnal to Ismailabad has been given effect, which order of transfer was passed on the ground that adequate number of students belonging to Commerce stream were not available at Karnal. It has been pointed out that 28 students belonging to Commerce stream have been admitted and there was no necessity on the basis of rationalisation policy to transfer the petitioner from Karnal to Ismailabad. It has further been pointed out that there is no Lecturer of Commerce for teaching the students of Commerce stream at GGSSS, Prem Nagar, Karnal.

(2.) The petitioner has approached this Court without making any representation to the respondents by bringing to heir notice the palpable violation of the rationalisation policy as has been pointed out above. Therefore, at this stage we deem it just and appropriate to relegate the petitioner to the remedy of filing a detailed representation by pointing out all the lapses committed by the respondents in following the rationalisation policy within one week from today, under a Registered A.D. cover. If such a representation is made then respondent No. 2 shall take its cognisance and decide the same by passing a speaking order within four weeks thereafter.

(3.) In the meanwhile the petitioner shall continue to discharge her duties at Government Girls Senior Secondary School, Prem Nagar, Karnal instead of discharging duties at Government Senior Secondary School, Ismailabad, District Kurukshetra. If any adverse order is passed against the petitioner by maintaining the orders Annexures P-3 and P-6 then the same shall not be given effect for a period of 10 days so as to enable the petitioner to have breathing time to approach this Court or any other authority. The writ petition stands disposed of in the above terms.