NEELAM SHANDIL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed as Volunteer Teacher in Government Primary School, Khatnol on 3.3.1992. She was regularized as Junior Basic Trained Teacher on 1.1.1998. She was transferred to Government Primary School, Madhraich on 13.9.2004. Thereafter, she was transferred to Government Primary School, Kuftu on 16.2.2006. She was further transferred 16/5/2014 Page 82 Vijay Kumar Sood Versus State Of H.P. from Government Primary School, Kuftu to Government Primary School, Kufri on 19.9.2009. However, vide impugned order dated 23.8.2010, Petitioner has now been transferred from Government Primary School, Kufri to Government Primary School, Gania vice Respondent No. 5.

(2.) MR . P.P. Chauhan has strenuously argued that the transfer of the Petitioner from Government Primary School, Kufri to Government Primary School, Gania is in contravention of the norms prescribed by the Respondent -State. According to him, the normal period prescribed for posting the teachers at one station is 3 -5 years. He lastly contended that the transfer order has been issued to accommodate Respondent No. 5. 2 Mr. Anshul Bansal, learned Additional Advocate General and Ms. Ranjana Parmar have supported the order dated 23.8.2010.

(3.) PETITIONER was transferred from Government Primary School, Kuftu to Government Primary School, Kufri only on 19.9.2009. The normal tenure/period prescribed for a teacher at one particular station is between 3 -5 years. The purpose of posting the teacher for a period of 3 -5 years is to maintain continuity in the studies of the children. If the teacher is shifted in mid -academic session, it disturbs the studies of the students. Petitioner has three children, who are pursuing their studies in 9th, 6th and 3rd standards. The transfer ought not to have been made in mid -academic session.