JASWINDER KAUR UPPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jaswinder Kaur Uppal, a Block Education Officer employed by the Government of Haryana through present petition filed by her under Art. 226 of the Constitution of India seeks a writ in the nature of certiorari so as to quash her transfer order Annexure P-2 said to have been passed by the Government and respondent No. 2 Director Secondary Education, Haryana.

(2.) The facts on which the relief asked for are sought to rest reveal that petitioner joined as S.S. Mistress on 4.7.1973 and at the time when she filed the present petition, she was appointed as Block Education Officer. It is the case of the petitioner that the Government of Haryana has banned transfer for one year w.e.f. 30.3.1999. The decision was taken by the Council of Ministers. Respondents No. 1 and 2, however, transferred her from Narwana to Ghaso Kalan (Jind) as Head Mistress. It is further pleaded that it was a case of out of turn transfer which was unjust and illegal inasmuch as the same was made on the request of Nafe Singh who wanted to joined B.E.O. Narwana. The said Nafe Singh was close to Ram Bhaj M.L.A. of H.V.P. and exerted lot of influence in the corridors of power. Nafe Singh made a request which was accepted by the respondent and on the recommendation made by Ram Bhaj MLA and to make a ground of transfer out of turn, a complaint by fictitious name was fabricated by the MLA in collusion with Nafe Singh. The MLA was also annoyed with the petitioner because the petitioner did not accept the illegal recommendation of the said MLA. It is then pleaded that petitioner is single lady of 51 years and has 75 years old mother to look after. The mother is suffering from heart diseases and remained admitted in the Civil Hospital, Narwana, for a month. No doctor is available at the new place of posting of the petitioner. It is not possible for the petitioner to shift her mother from Narwana to Ghaso Kalan and it is not possible for the petitioner as well to shuttle down every day at the place of her present posting.

(3.) When the matter was before the D.B. at the motion stage on oral prayer made by the Counsel for the petitioner, he has allowed to join Nafe Singh and Ram Bhaj as respondents 4 and 5 respectively. Amended memorandum of parties was filed in the due course of time.