SARABJEET SINGH Vs. STATE OF HP

JUDGEMENT

(1.) By means of this petition, the petitioner has challenged his transfer order whereby his transfer from GPS Kofardhar to GPS Charri has been cancelled and he has been retained at Kofardhar.

(2.) Brief facts of the case are that the petitioner was initially appointed as teacher in the year 2009. He joined on 06.03.2009 and was posted at GPS Kofardhar. It appears that he made some request that he may be adjusted at Shimla and consequently, vide order dated 27th January, 2010, he was posted at GPS Charri vice respondent No. 5, Shri Anil Sharma, who was transferred from GPS Charri to GPS Kofardhar. After this transfer was made, it seems that respondent No. 5 made some representation that he is suffering from chronic renal failure and that he would not get adequate medical attention at Kofardhar. In view of his representation, the order of transfer of the petitioner and respondent No. 5 were cancelled and the petitioner was directed to go to Kofardhar. Thereafter, the petitioner filed CWP No. 670 of 2010 in this Court, which was disposed of on 15.3.2010 with a direction that the petitioner may file a representation before the Director of Elementary Education, which should be decided within two weeks, thereafter. This representation was considered and the Director, in his order, has stated that the applicant was initially appointed on 6.3.2009 and as per the terms of appointment, first appointee must serve at the place of posting for three years. Since the petitioner has not completed three years at Kofardhar, he had no right to seek his transfer to any other place.

(3.) It is contended by Mr. P.P. Chauhan, learned counsel for the petitioner that two similarly situated persons, namely Ms. Pushpanjali and Ms. Kusum have been transferred recently from the same block to a station near Shimla, but neither the date of appointment of these two persons have been given nor it has been shown that from which school they were transferred to which school. This averment is totally vague in nature. Be that as it may, the petitioner, who is a young man and there is no averment that he is suffering from any physical ailment, cannot claim that he should be transferred from Kofardhar.