Joginder Pal Zear vs State of H.P. and Another

Justice Rajiv Sharma, Judge

Material facts necessary for the adjudication of this petition are that petitioner was transferred on his promotion to Government Senior Secondary School, Naunidhar on 16.4.2008. He joined his duties on 29.4.2008. Thereafter, he was transferred from Government Senior Secondary School, Naunidhar to Government Senior Secondary School, Ladbharol vide order dated 2.5.2008. He joined his duties in Government Senior Secondary School, Ladbharol on 14.5.2008. He was transferred from Government Senior Secondary School, Ladbharol to Government Senior Secondary School, Baijnath on 5.6.2008. He joined his duties in Government Senior Secondary School, Baijnath on 6.6.2008. Thereafter, petitioner was transferred from Government Senior Secondary School, Baijnath to Government Senior Secondary School, Balduhak, District Hamirpur vide order dated 30.9.2009. Petitioner went to join his duties in Government Senior Secondary School, Balduhak but since other candidate had already joined, the petitioner was transferred to Government Senior Secondary School, Galore Hamirpur on 15.10.2009. He joined his duties in Government Senior Secondary School, Galore on 16.10.2009. Petitioner is physically challenged to the extent of 60%. Now, he has been transferred from Government Senior Secondary School, Galore to Government Senior Secondary School, Giltari on 4.6.2010.

Mr. Y.S. Thakur has strenuously argued that the petitioner is being harassed by the respondents by transferring him frequently. He has also argued that petitioner has only worked at the present place of posting only for a period of 8 months.

Mr. Vikas Rathore, learned Deputy Advocate General has supported the transfer order.

I have heard the learned counsel for the parties and have perused the pleadings meticulously.

What emerges from the facts enumerated hereinabove is that the petitioner was transferred to Government Senior Secondary School, Naunidhar where he joined his duties on 29.4.2008. He was not permitted to complete his normal tenure and was transferred to Government Senior Secondary School, Ladbharol where he joined his duties on 14.5.2008. Again without permitting the petitioner to complete his normal tenure, he was transferred from Government Senior Secondary School, Ladbharol to Government Senior Secondary School, Baijnath on 5.6.2008. He joined his duties in Government Senior Secondary School, Baijnath on 6.6.2008. He was again transferred from Government Senior Secondary School, Baijnath to Government Senior Secondary School, Balduhak. He could not join in Government Senior Secondary School, Balduhak and his transfer was modified and he was transferred to Government Senior Secondary School, Galore Hamirpur where he joined his duties on 16.10.2009. It is thus evident that the petitioner has been transferred frequently. Respondent-State has not placed any tangible material on record to establish that frequent transfers were effected due to administrative exigencies or in public interest. Petitioner suffers from 60% permanent disability as per Annexure P-7. He has worked in Government Senior Secondary School, Galore Hamirpur only for a period of less than 8 months. In other words, he has not been permitted to complete normal tenure at a particular place. The minimum period prescribed at a particular place is three years. Respondent-State has not taken into consideration that frequent transfers of the teachers disturb the academic session. Petitioner has been transferred five times from 29.4.2008 without there being any administrative exigency or public interest.

It is settled law that it is for the employer to see where the employee is to be posted, however, it is equally settled that the power is to be exercised in judicious manner. In the instant case the power has been exercised in arbitrary and unreasonable manner by transferring the petitioner five times in a short span and not permitted him to complete normal tenure at a particular place of positing.

Accordingly, in view of the observations and discussions made hereinabove, the writ petition is allowed. Annexure P-1 dated 4.6.2010 is quashed and set aside. Respondent-State is directed to permit the petitioner to complete normal tenure of posting in Government Senior Secondary School, Galore Hamirpur. Pending application(s), if any, also stands disposed of. No costs.