GAJENDER DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed for quashing of office order dated 13.5.2011 transferring him from Dhillon (DMP) to Sanech (KGT) with further direction to Respondents to allow the Petitioner to complete his tenure of three years at the present place of posting.

(2.) THE facts in brief are that Petitioner had joined the Respondent -department on 20.3.1997 on contract basis and his services were regularized in the year 2006. The Petitioner was transferred to Dhillon (DMP) on 30.12.2009 under rationalisation policy of the department. The Petitioner vide memo dated 30.4.2011 was transferred from his present place of posting to Government Primary School, Ben -Ki -Pukhar, but no vacancy existed in that school. In these circumstances, the matter was required to be referred back to the competent authority, but without referring the matter to the competent authority, the department vide office order dated 13.5.2011 modified the earlier transfer order of the Petitioner and he has been ordered to be transferred in place of Respondent No. 4 at a distance of about 35 kilometers. Once Respondent No. 4 was transferred, she ought to have joined at transferred place but Respondents accommodated Respondent No. 4 and gave premium to Respondent No. 4 for disobeying the order of her transfer.

(3.) THE petition has been contested by Respondents No. 1 to 3 by filing reply. It has been stated that Petitioner is a JBT teacher, who has district cadre. The Petitioner can be transferred anywhere within the district. There is no malafide intention on the part of the Respondents to transfer the Petitioner from Government Primary School, Dhillon to Govt. Primary School, Sanech, but the same has been made with the prior approval of the competent authority by clubbing his stay within 15 kilometers. It has been stated that as per information received from Dy. Director of Elementary Education, the Petitioner had been serving within the radius of 15 kilometers for the last 14 years, the detail of stations where the Petitioner as well as Respondent No. 4 had served has been given as follows: Petitioner Sr. No. Name of SchoolPeriod 1. Govt. Primary School, Galyana20.3.1997 to 19.3.1999 2. Govt. Primary School, Dhillon22.3.1999 to 4.10.2006 3. Govt. Primary School, Kado4.10.2006 to 30.12.2009 4. Govt. Pry. School, Dhillo31.12.2009 till date Respondent Sr. No. Name of SchoolPeriod 1. Govt. Primary School, Bhojnagar3.6.1999 to 17.5.2005 2. Govt. Primary School, Barog17.5.2009 to 21.6.2008. 3. Govt. Primary School,Saproon21.6.2008 to 13.5.2011. 4. Govt. Pry. School, Dhillo16.5.2011 to 9.6.2011. The Petitioner as well as Respondent No. 4 remained posted within the radius of 16 kilometers for the last 12 and 14 years respectively. The transfer cannot be claimed as a matter of right. The transfer has not affected the status, pay, seniority and condition of service of the Petitioner.