ANURADHA GARG Vs. STATE OF H.P.

JUDGEMENT

(1.) ELIGIBILITY versus entitlement in the matter of transfer is the issue arising for consideration in this case.

(2.) THE petitioner is regularly appointed as Lecturer Hindi and presently she is working in Govt. Senior Secondary School, Sarahan. She is aggrieved since she has been transferred to Govt. Senior Secondary School, Bagthan. It is submitted that transfer is made only to accommodate the 4th respondent, who is working as Para Teacher at Govt. Senior Secondary School, Bagthan. It is the contention of the petitioner that 4th respondent, who has been engaged on contract basis against a post in a particular school cannot be transferred to the school where the petitioner is working so as to disturb her by transferring to another place.

(3.) THE question is whether the question of normal tenure can be examined at the instance of a para teacher who has been appointed on contract basis against a post in a particular school. It is not in dispute that originally it was not permissible as far as contract employees were concerned. But it is seen that the Govt. had issued office memorandum dated 13.8.2009 in this regard which reads as follows: - The undersigned is directed to invite a reference to this Department Office Memorandum of even number dated 10th April, 2008 vide which Guiding Principles for effecting transfers of State Government employees have been circulated. The matter with regard to extending the provisions of these Guiding Principles to the employees as are appointed on contract basis by various Departments and Para Teachers and Gramin Vidya Upasak of Education Department was under consideration of the Government. Now it has been decided by the government that the Contract appointees of all the Departments and Para Teachers and Gramin Vidya Upasak in Education Department, who have completed five years tenure at one place of posting will be eligible for transfer on need based basis where ever required on administrative grounds. -