LAZONG BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) IN this Writ Petition, the Petitioners primarily seek to assail Office Orders no.1745/DIR/HRDD(SE) to 1756/DIR/HRDD(SE) dated 17 -12 -2014 and no.28/ HRDD/W dated 18 -12 -2014 issued by the Respondent No.2, Annexure P1 (collectively), transferring 1063 (one thousand and sixty three) teachers and, Corrigendum dated 06 -02 -2015 bearing Office Order No.47/DIR/HRDD(SE) to 55/DIR/HRDD(SE), Annexure P2 (collectively). It is alleged that the impugned transfer orders were issued mala fide by misuse of official powers by the State Government in a mechanical manner without application of mind, as a punitive measure and were neither in public interest nor for administrative reasons.

(2.) (i). It is relevant to note that during the pendency of the Writ Petition, the Petitioners sought leave of this Court to place on record certain documents which they had received from the Respondent -HRD Department in response to an application filed under the Right to Information Act, 2005.

(3.) (i). Opening his arguments, Mr. Bhalla at the outset submitted that at present there are no rules or guidelines in place governing transfers and postings of teachers in the State. Office Order No.298/DIR/HRDD dated 10 -07 -2009 which prescribed such guidelines has since been withdrawn vide Office Order No.1337/Dir/ HRDD(SE) dated 04 -07 -2014, Annexure P5, by the Respondent No.2 and that the purpose of this withdrawal, as per him, was mala fide considering that the Petitioners were transferred only a few months later. It was also submitted that a draft rule prepared by the Respondents earlier containing norms for making transfers are yet to be notified thereby making the teachers vulnerable to arbitrary exercise of powers by the State -Respondents in matters of transfer and posting.