MAHENDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) COMPLAINT is that the transfer of the petitioner from Govt. Senior Secondary School, Seri-Banglow (Mandi) to Govt. Senior Secondary School, Bagshar (Mandi), vide office order dated 21.9.2012 (Annexure P-2) impugned in the present petition, well before completion of normal tenure, is illegal, arbitrary and against the principles of natural justice.

(2.) ADMITTEDLY , the petitioner is working as a Lecturer (school cadre) in History. In October, 2010, vide order Annexure P-1, he was transferred and posted as such at the present place of his posting i.e. Govt. Senior Secondary School, Seri-Banglow in District Mandi. He, however, subsequently was transferred and posted vide impugned order dated 21.9.2012, Annexure P-2, to Govt. Senior Secondary School, Bagshar (Mandi) vice 3rd respondent. It is this order which he has challenged before this Court in the present writ petition on the grounds, inter alia, that he has not been allowed to complete normal stay of 3-5 years and has been transferred from the present place of his posting merely to accommodate the 3rd respondent, who politically is a heavy weight. Also that he met with an accident on 11.9.2012 and is under treatment in Indira Gandhi Medical College/Hospital, Shimla.

(3.) THE stand of the respondent-State, as emerges from the reply filed in this writ petition, in a nutshell, is that the cadre of Lecturers is a State Cadre and as such the respondent-Department can transfer the petitioner to any place in the State in the exigency of services and also in the public interest. The petitioner has rightly been transferred after obtaining the approval of the competent authority and as such his transfer is neither unconstitutional nor can he be said to be aggrieved thereby in any manner whatsoever.