KAMLA DEVI Vs. STATE OF H P

JUDGEMENT

(1.) THIS is an unusual petition where the writ petition has not only been filed by the transferred employee, i.e. petitioner No. 1, but Whether the reporters of local papers may be allowed to see the Judgment? Yes. also by the School Management Committee, i.e. petitioner No. 2, which is aggrieved by the transfer of petitioner No. 1.

(2.) THE petitioner No. 1, by means of this petition, has challenged the order dated 10.05.2012, whereby she has been ordered to be transferred from Government Primary School Rajpura Khas (Sadar), District Bilaspur, H.P. to Government Primary School Jamli (Swarghat), District Bilaspur, H.P.

(3.) THE main reliance is on some policy of the State Government that if the School Management Committee so recommends, then the employee should not be transferred for a period of one year. Petitioner No. 1 has completed more than her normal tenure at the present place of posting. Even if there is a policy that the resolution of the School Management Committee should normally be accepted, this cannot be said to be a binding policy. Transfer must be in the hands of the employer and not the School Management Committee. If we were to hold otherwise, then the teachers will try to curry favour with the School Management Committee. This Court can only interfere in the transfer order if the same is arbitrary or capricious.