(1.) A Junior Basic Trained Teacher, applicant Gopal Dass has in this application under section 19 of the Administrative Tribunals Act, 1985 prayed for : - (i) Quashing order dated July 8, 1993, Annexure A/3 relieving him in absentia from Government Primary School New Kangra and directing him to join at Salol in Kangra Block ; (ii) Issuing directions to the respondents to take his joining report either at Government Primary School New Kangra or his previous school Rajol (Rait Block).
(2.) Some relevant facts may firstly be stated. The applicant remained posted as a J. B. T Teacher at Rajol (Rait Block) for about a decade and during September 1992 he was transferred from there to Government Primary School Salol in Kangra Block. Subsequently vide office order, Annexure A/1 dated October 8, 1992 the District Primary Education Officer Kangra modified his order of transfer to Salol, issued earlier, and instead adjusted him temporarily in Government Primary School New Kangra. The applicant joined at New Kangra but vide impugned order Annexure A/3 dated July 8, 1993 he was relieved in absentia front the said school after about 9 months with a direction to join at Salol. The State Government, in the meantime, issued instructions Annexures A/2 and A/4 dated August 11, 1992 and July 2, 1993 respectively and under the later instructions where employees had not been relieved or had not joined the appointed stations their transfers were required to be stayed and such transfers were not to be implemented and were to be stayed at once. The applicant approached the Block Primary Education Officers, Dharamshala and Kangra, to accept his joining report but both of them refused to accept his joining report by saying that instructions Annexures A/2 and A/4 were not applicable to the employees of their Department. The impugned order has been assailed by the applicant on the grounds that: (i) The respondents have violated the orders (Annexures A/2 and A/4) by not accepting the joining report of the applicant either at New Kangra or at Rajol ; and (ii) The order of the respondents in the matter is illegal, arbitrary and unconstitutional.
(3.) The rival contentions of the respondents, as stated in their reply verified on December 12, 1993 are that the applicant was at Government Primary School Rajol from November 12, 1981 onwards, for the last about 11 years, and in the transfer order of the applicant from Government Primary School Rajol to Government Primary School Salol there was no mention of Government Primary School New Kangra and as such the applicant, if adjusted, temporarily over there has no claim for the station and his relieving is in order and there is nothing illegal, arbitrary or unconstitutional in this case. It has further been averred that the temporary adjustment does not confer any right on the applicant to continue at Government Primary School New Kangra and that his transfer to Salol is existing and the applicant shall have to move to his original place of posting