SATYA PRAKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner, who is a Lecturer (History) in the Education Department, has challenged his transfer order dated 29.9.2012 (Annexure P -2) from Government Senior Secondary School (Girls) Rampur, District Shimla to Government Senior Secondary School Bahali (Shimla) within 7 months and seeks mandamus to allow him to continue at the same station and to cancel the transfer of 3rd respondent a Para -teacher (not regularly appointed), in his place circumventing the various judgments passed by this Court. This Court has already expressed its clear cut view in various judgments that regularly appointed lecturers/teachers should not be shifted only with a view to accommodate Para -teachers/ lecturers, who have been appointed without following the regular recruitment process provided under the R & P Rules. Thus, finding a prima -facie case in favour of the petitioner, this Court vide order dated 27.9.2012 passed in CMP No. 12150 of 2012 had stayed the impugned order and the petitioner was permitted to continue at Government Senior Secondary School (Girls), Rampur and the 3rd respondent to function at Government Senior Secondary School, Luhri, i.e. the same station.

(2.) WE called for the reply of the respondents. Respondents No. 1 and 2 in their reply besides taking usual pleas of exigency of service and it being a transferable post, they took up the plea that the petitioner was appointed as Lecturer on 17.5.2000 and remained posted at Taklech, Jhakri, Dutt Nagar and Rampur within a radius of 15 Kilometers since the year 2009 and the orders of competent authority were taken. The private respondent submitted that on account of the transfer of the petitioner, the post of Lecturer fell vacant, thus he was transferred in place of the petitioner against vacancy in public interest and he did not manipulate the transfer of the petitioner in any manner.

(3.) IN CWP No. 3437 of 2010: titled Anuradha Garg v. State of HP and Others, decided on 28.6.2010, the Principal Bench while dealing with the eligibility in the matter of transfer was posed with the question whether the question of normal tenure can be examined at the instance of a Para - teacher who had been appointed on contract basis in a particular school. It was observed that it is not in dispute that originally it was not permissible as far as contract employees were concerned. But in that judgment it was noted that the Government had issued Office Memorandum dated 13.8.2009 in this regard which reads as follows: - The undersigned is directed to invite a reference to this Department Office Memorandum of even number dated 10th April, 2008 vide which Guiding Principles for effecting transfers of State Government employees have been circulated. The matter with regard to extending the provisions of these Guiding Principles to the employees as are appointed on contract basis by various Departments and Para Teachers and Gramin Vidya Upasak of Education Department was under consideration of the Government. Now it has been decided by the government that the Contract appointees of all the Departments and Para Teachers and Gramin Vidya Upasak in Education Department, who have completed 'five ' years tenure at one place of posting will be eligible for transfer on need based basis where ever required on administrative grounds.