PUSHPA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Opportunity was granted to the applicant to file rejoinder. Despite this fact no rejoinder has been filed. The applicant is aggrieved against order dated 13.5.2003, whereby amongst other, the applicant has been transferred from GPS. Katholi to GPS Jawali allegedly on administrative grounds. Copy of the order is annexed as Annexure A -1 Main grievance of the applicant is that she is going to superannuate within one year and two months.

(2.) Reply has been filed by the respondent/state as well by the private respondent. Respondent State in their reply has stated in preliminary objection that the present OA is not maintainable in the eyes of law. Whereas the applicant has worked in her entire service career within 3 kms to 5 kms radius to her home place for the last two decades. As such the transfer of the applicant on administrative ground to GPS. Hawal in Education Block Jawali is justified which is merely 13 kms away from the present school. It is further submitted by the respondent/state that as per the service record the applicant has served within a radius of 2 kms. to 5 km a during her service career since 1979. During the said period the applicant remained posted at GPS Sakrala, GPS Sugnara and GPS Katholi which are located nearby her home town and hardly at a distance of 5 kms. The present place of posting of the applicant is GPS Hawal in Block Jawali is about 13 kms, from her earlier place of posting i.e. GPS Katholi. It is further submitted that the prescription slip of treatment of the applicant does mention that the applicant is handicapped, moreover it is not true that the GPS Hawal is a remote area, rather regular bus service is available to Hawal.

(3.) Reply has been filed by the private respondent No.3. It is submitted by the respondent No. 3 in her reply that the OA is not maintainable as the applicant has not come with clean hands and concealed the fact of joining of the respondent No. 3 at GPS Katholi Block Nagrota Surian on 15.5.2003 as is evident from the joining certificate copy dated 9.9.2003 issued by the Centre Head Teacher GPS Katholi a copy of which is attached as Annexure B -3/1. The stay order was obtained from this Honble Tribunal without disclosing this fact. It is further submitted that the OA is liable to be dismissed on this ground alone in view of the law declared by Honble High Court in the case of Shankar Dass vs. State reported in 1979 Shimla Law Cases page -298 It is further submitted that the applicant is within the redious of 3 to 5 kms. since 1979.