Jai Pal Singh vs State of H.P. and Others

Sanjay Karol, J.—In these petitions transfer of three employees, namely, Jai Pal Singh, Smt. Narinder Kaur and Smt. Neera Chakor, are involved. All are working as JBT teachers. Jai Pal (Petitioner in CWP No. 3893 of 2011) was posted at Devlahan. He had certain personal difficulties. He took the matter of his transfer with the competent authority and appreciating his problems he was transferred from Devlahan to Salag Saddi in terms of order dated 30.4.2011. The transfer was vice versa and Smt. Neera Chakor who was posted at Salag Saddi was ordered to join at Devlahan. Jai Singh was relieved from Devlahan on 18.5.2011 and joined at Salag Saddi on 19.5.2011. In the meanwhile Smt. Neera Chakor approached the authorities and her order of transfer was modified and she was ordered to be transferred from Devlahan to Rajban vide order dated 19.5.2011. Aggrieved of the said transfer order, Smt. Narinder Kaur (Petitioner in CWP No. 3584 of 2011) who was posted at Rajban approached this Court and in her petition on 23.5.2011 this Court passed the following order:

CWP No. 3584 of 2011 & CMP 4623 of 2011

Learned Advocate General seeks time to get instructions. Post on 30.5.2011. In case the Petitioner has not been relieved as on today, further proceedings in that regard shall be deferred for the time being, which means that the teachers will have to work at their respective places as prior to the date of transfer.

Pursuant to the said order, Respondents-authorities issued a fresh order on 25.5.2011 asking Jai Pal to join back at Devlahan and resultantly Smt. Neera Chakor was asked to join at Salag Saddi. Aggrieved thereof Jai Pal approached this Court when on 30.5.2011 the following order was passed:

CWP No. 3893 of 2011 and CMP No. 5032 of 2011

Notice dasti to the fifth Respondent. In case the Petitioner has not been relieved as on today further proceedings for relieving the Petitioner shall be deferred for the time being. In case he has already been relieved he may not be compelled to join the transferred station and it will be open for him to avail the leave of kind due. Post on 16.6.2011

As on date Jai Pal Singh has joined back at Devlahan, Smt. Narinder Kaur is serving at Rajban and Smt. Neera Chakor is serving at Salag Saddi.

Having heard learned Counsel for all the parties, it appears that each of the employees have their personal grievances with regard to their orders of transfer/re-transfer. It is also alleged that some of them have not completed their normal tenure of posting. Be that as it may be, ends of justice would be met if a direction is issued to Respondent No. 2 to consider grievances of each of the Petitioners together and after hearing them take a fresh decision with regard to their place of posting. Parties agree to appear in the office of Respondent No. 2 on 28.6.2011 at 11 a.m.

With the aforesaid observations, both the petitions are disposed of.