SURJEET KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was serving as Junior Basic Trained Teacher and was posted in Government Primary School, Ghumarwin-II on 25th June, 2007. Thereafter he was transferred from Government Primary School, Ghumarwin-II to Government Primary School, Kallari (Ghumarwin-I) on 22nd April, 2011. He joined his duties at Government Primary School, Kallari (Ghumarwin-I) on 22nd April, 2011 vide Annexure P-3. However, surprisingly, the petitioner has been again transferred vice respondent No. 5 from Government Primary School, Kallari (Ghumarwin-II) to Government Primary School, Arloh Chounta (Jhanduta). Mr. B.S. Thakur, learned Counsel for the petitioner has strenuously argued that issuing of Annexure P-1, dated 11th May, 2011 is illegal, arbitrary, unreasonable, thus violative of Articles 14 and 16 of the Constitution of India.

(2.) Mr. Vikas Rathore, learned Deputy Advocate General has vehemently argued that the petitioner has been transferred on the basis of rationalization. Mr. Ajay Mohan Goel, learned Counsel for respondent No. 5 has vehemently argued that his client has made a representation to respondent No. 2 to accommodate her at any of the five places, viz. GPS. Pahedwin (Khas), GPS, Kalri Tehsil Ghumarwin/GPS Pantehra, GPS Bumb or GPS, Kothi. He then argued that respondent No. 2 has directed/recommended to the respondent No. 3 to adjust respondent No. 5 at any of the five stations. Mr. Ajay Mohan Goel, learned Counsel for respondent No. 5 has placed copy of this letter on record.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.