LAWS(HPH)-2019-9-109

KESHAV RAM Vs. STATE OF H P

Decided On September 09, 2019
KESHAV RAM Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) Petitioner (Principal School Cadre) has challenged his transfer order dated 25.07.2019 (Annexue P-1) vide which, he has been transferred from Govt. Sr. Secondary School, Brang, District Mandi to Govt. Sr. Secondary School, Shadiyar, District Sirmaur.

(2.) The transfer order has been challenged on the grounds that:- The petitioner joined as Principal in Govt. Sr. Secondary School, Brang, District Mandi on 15.03.2017 and had not completed his normal tenure there as prescribed in the Transfer Policy; the transfer order has been issued only to accommodate respondent No.4 in Govt. Sr. Secondary School, Brang, District Mandi; transfer of the petitioner has been effected without TTA and joining time, whereas, petitioner had never requested for his transfer; wife of the petitioner was recently posted at a station within 3 KMs from Govt. Sr. Secondary School, Brang being a couple case; transfer of the petitioner was neither in public interest nor in administrative exigency; petitioner has been transferred on the basis of a U.O. Note No. 144778, dated 04.07.2019.

(3.) 3(i) Considering the allegations levelled in the writ petition regarding the petitioner having been transferred on the basis of a D.O. Note, we had called for and seen the record pertaining to transfer of the petitioner. The record shows that proposal to transfer the incumbents figuring in impugned transfer order dated 25.07.2019(Annexure P-1) originated and was approved by the Education Minister on 20.07.2019.