DINESH GULATI Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court for quashing two even dated impugned orders dated 26.3.2021 (Annexures P-2 and P-3), whereby vide order Annexure P-2 petitioner, posted in District Institute of Education and Training (DIET) Nahan, District Sirmour, H.P., has been repatriated to his parent department i.e. Higher Education and has been ordered to be posed at GSSS Dhamwari, District Shimla, H.P. against vacancy as Lecturer/Lecturer School New (Mathematics) and vide separate even dated order (Annexure P-3) respondent No. 4, serving as Lecturer/Lecturer School New (Mathematics) in Higher Education Department and posted at GSSS Ludhiana, District Sirmour, has been transferred/posted in DIET Nahan, District Sirmour H.P. against resultant vacancy.

(2.) Petitioner has laid challenge to his repatriation and transfer order on the ground that he has been transferred on the basis of D.O. letter, but not for administrative exigency, despite the fact that since last 18 years he has been performing his duties to the best of his abilities in DIET Nahan and his repatriation and posting as well as transfer/adjustment of respondent No. 4, is in violation of norms notified by Education Department vide notification dated 10.10.2013 (Annexure P-4) issued as per National Council for Teacher Education (NCTE) guidelines.

(3.) Case advanced on behalf of the petitioner is that he had made complaints against Principal pointing out financial irregularities, whereupon Principal, being inimical to the petitioner, had started making complaints against petitioner and in the meanwhile respondent No. 4 approached Hon'ble Education Minister and in sequel thereto petitioner has been repatriated and transferred and respondent No. 4 has been accommodated despite the fact that there was ban on transfers, wherein transfers could not have been ordered, except on medical grounds or administrative exigency.