RAJ KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order will dispose of the present and connected cases tabulated at the foot of this petition.

(2.) In this and connected writ petitions an issue was raised regarding deemed vacancy on completion of five years service in a school and how was it to be implemented in Clause 7(i)(b) of the Haryana Teachers Transfer Policy-2016 of School Education Department, Haryana dated June 29, 2016. This transfer policy also envisioned zoning of schools in seven jurisdictions. The action which was impugned was the Education Department placing online the deemed vacancy position to identify those teachers with over five years of stay in a school. Some of the teachers had completed five years on a post while others had not and, therefore, sought continuance and in their cases deemed vacancy should not arise. The question really was from where policy would run i.e. prospectively or retrospectively. This Court issued notice of motion on July 08, 2016 on the point of deemed vacancy and whether it was correct in treating the petitioner as a teacher in deemed vacancy whereas the transfer policy required minimum five years of service to fall within the definition in para 7 (i)(b). I had then ordered maintenance of status quo till further orders.

(3.) After hearing counsel for the respective parties at length, I passed the following order on July 14, 2016:-