SUSHMA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER made a request for her transfer under 1% quota from District Mandi to District Shimla. Request of the petitioner was acceded to as per Annexure P -3 dated 19.9.2011. Petitioner was transferred from Government Primary School, Bari Jharwar to Government Primary School Thathal, Block Matiana, District Shimla. Petitioner joined her duties in District Shimla. She made a request for her transfer from Government Primary School, Thathal Block Matiana to a place nearby Shimla, being a couple case. Request of the petitioner was acceded to on 20.9.2013 vide Annexure P -4 by the Director Elementary and the petitioner was ordered to be transferred and posted nearby Shimla against longer stay by clubbing stay in the radius of 25 -30 kms. The Deputy Director, Shimla informed the Director Primary vide Annexure P -7 that there was no teacher available at Shimla or nearby place within the radius of 25 -30 KMs in order to adjust the petitioner.

(2.) PETITIONER sought information under Right to Information Act, 2005. She was informed vide Annexure P -6 that six teachers have completed more than normal tenure within a radius of 25 -30 kms. Six teachers have been retained, though they have completed their normal tenure on the basis of DO Notes "may not be disturbed". Letter dated 1.10.2013 Annexure P -7 is contrary to the information supplied to the petitioner vide Annexure P -6.

(3.) RESPONDENT -State has given a special privilege to 12 teachers who have completed their normal tenure at Shimla and despite that they have not been transferred. The Recruitment and Promotion Rules framed under Article 309 of the Constitution of India and the transfer policy framed governing the transfers must be implemented scrupulously and uniformly. There cannot be a privileged class within the same class. All the employees are equal and they should be treated equally. To retain 12 teachers at Shimla, who have completed their normal tenure, without public interest/exigency, is violative of Articles 14 and 16 of the Constitution of India. The employee can neither be transferred nor retained at a particular place on the basis of D.O. Note. Rule of law and not unfettered discretion should prevail.