PADAM KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged his transfer from Government Primary School Sinvi to Government Primary School Dwarch (Nirmand) vice respondent No.5 who has been transferred in place of the petitioner.

(2.) ANNEXURE P-1 dated 28.2.2009 is the office order whereby the petitioner was appointed as Junior Basic Teacher (JBT). The condition No.15 of this appointment letter reads as follows:

(3.) LASTLY, Sh.Khajuria has made reference to Clause-6 of the transfer policy which states that transfers should normally be ordered in the month of April and there will be ban on transfers after 30th April. However, after 30th April transfers can be made with the approval of the Chief Minister. We have perused the record of the case. In the present case we find that in the month of May the Hon'ble chief Minister had approved the transfer of respondent No.5 to the place where the petitioner is posted. The date 30th April is not such a sacrosanct date that there can be no change from it. Be that as it may, the Chief Minister being the head of the State can order transfers even thereafter.