ASHA KIRAN SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following substantive relief:-

(2.) Brief facts necessary for the adjudication of the present petition are as under:- The petitioner before this Court was appointed as a Drawing Master, by the School Management Committee of Government Senior Secondary School, Manjyat, Tehsil Arki, District Solan, H.P. The petitioner is stated to be working as such since December, 2018. Her grievance is with regard to the transfer of respondent No. 6 vide Annexure P-2, dated 6th November, 2020, vide which, said respondent has been transferred and posted in place of the petitioner in condonation of short stay and without TTA/JT.

(3.) Mr. Suneel Awasthi, learned Counsel for the petitioner has argued that since the appointment of the petitioner in the school concerned on 4th of December, 2018, she has worked with great devotion and sincerity and the transfer of respondent No. 6 in her place is an act of colourable exercise of power on the part of the respondents, as neither there was any administrative exigency nor any public interest was involved in the transfer of respondent No. 6 to Government Senior Secondary School, Manjyat, Tehsil Arki, District Solan. He has further argued that arbitrariness of the decision of the respondents can be inferred from the fact that there are many posts of Drawing Master lying vacant in various schools in District Solan, yet, respondent No. 6 has been transferred to Government Senior Secondary School, Manjyat. Learned Counsel has further submitted that though the petitioner has been appointed by the School Management Committee, yet, if with the passage of time, government takes a policy decision to confer certain benefits upon the incumbents appointed through SMC, then, if the impugned transfer is given effect to, the petitioner will suffer irreparable loss. On these bases, he submits that the petition be allowed and impugned transfer order be set aside.