Kamla Devi and The School Management Committee, Government Primary School vs State of H.P.

Deepak Gupta, J.—This is an unusual petition where the writ petition has not only been filed by the transferred employee, i.e. petitioner No. 1, but also by the School Management Committee, i.e. petitioner No. 2, which is aggrieved by the transfer of petitioner No. 1. The petitioner No. 1, by means of this petition, has challenged the order dated 10.05.2012, whereby she has been ordered to be transferred from Government Primary School Rajpura Khas (Sadar), District Bilaspur, H.P. to Government Primary School Jamli (Swarghat), District Bilaspur, H.P.

Petitioner No. 1 is employed as Head Teacher in the Government Primary School Rajpura Khas. The main ground raised is that petitioner No. 2, i.e. the School Management Committee, had passed a resolution on 28.02.2012 that the services of petitioner No. 1 should not be transferred and she should be retained in Government Primary School, Rajpura Khas. Another resolution in this behalf was passed on 31.03.2012. Both the resolutions were sent to the concerned authorities, but despite that petitioner No. 1, vide the impugned transfer order, has been transferred.

The main reliance is on some policy of the State Government that if the School Management Committee so recommends, then the employee should not be transferred for a period of one year. Petitioner No. 1 has completed more than her normal tenure at the present place of posting. Even if there is a policy that the resolution of the School Management Committee should normally be accepted, this cannot be said to be a binding policy. Transfer must be in the hands of the employer and not the School Management Committee. If we were to hold otherwise, then the teachers will try to curry favour with the School Management Committee. This Court can only interfere in the transfer order if the same is arbitrary or capricious. Petitioner No. 1 has spent more than her normal tenure at Rajpura Khas. From the material placed on record, it is apparent that the petitioner No. 1, prior to her posting at Rajpura Khas in 2008, was posted at Mandi Manwa, which is her native place. After that she was posted to Rajpura Khas, which is only 8 kms from Mandi Manwa. Thus, for almost six years, she has served in her home town. Even prior to that, she has served at Mandi Manwa for 11/2 years. She has always remained within a distance of about 10 kms from her home town. Therefore, she could have no grievance against this transfer. Respondent No. 3, who has been in Government Primary School, Jamli (Swarghat), on promotion as Head Teacher, has now been posted in place of petitioner No. 1. We find no error in the transfer order and the same calls for no interference. The petition is accordingly dismissed. No order as to costs.