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Mam Raj vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 22 July 2011 · Citation: (2011) 07 SHI CK 0211

HON’BLE JUDGES
Kuldip Singh, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 3222 of 2011
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Judgment

19 paragraphs · 371 words

Kuldip Singh, J.—The Petitioner has prayed for quashing of order dated 6.5.2011 Annexure P-2, transferring him from Govt. Primary School Billanwali, (Ram Shahar) to Govt. Primary School, Mangal (Dhundan).

2.

It has been submitted by learned Counsel for the Petitioner that Petitioner was adjusted at Govt. Primary School, Billanwali on 10.6.2010. The Petitioner is entitled to complete his normal tenure at Billanwali. He has been transferred from Govt. Primary School Billanwali to Govt. Primary School, Mangal. It has been alleged that his transfer is outcome of political manipulations and is arbitrary. The transfer of the Petitioner is against the transfer policy of the State.

3.

The Respondents have filed the reply and have stated that as per information received from the Deputy Director of Elementary Education, Solan the Petitioner has served and is serving within the radius of 25 kilometers for the last 12 years. The stations where the Petitioner has served and is serving have been disclosed by the Respondents in the reply as follows:

Sr. No.

Name of Schools

Period

1.

Govt. Primary School, Kaindi-II

05-06-1999 to 06.07.2002

2.

Govt. Primary School, Haripur Sindholi

06.07.2002 to 09.01.2007

3.

Govt. Primary School, Sheetalpur

10.01.2007 to 11.06.2010

4.

Govt. Primary School Billanwali

11.06.2010 till date.

4.

I have heard the learned Counsel for the parties. The transfer is incidence of the service. The Petitioner is serving within the radius of 25 kilometers for the last 12 years; No. malafide has been alleged against particular person in the petition for transferring Petitioner from Billanwali to Mangal. The transfer has not affected any conditions of service of Petitioner. In the transfer order itself, it has been stated that the transfer of the Petitioner has been made against vacancy by clubbing his stay within the radius of 25 kilometers. The Petitioner has failed to make out any case for interference. The contention of the learned Counsel for the Petitioner that the Petitioner may be allowed to continue at Billanwali to complete his normal tenure cannot be accepted. The Petitioner is serving within the radius of 25 KMs for the last 12 years. There is No. merit in the petition which is accordingly dismissed. The interim order vacated. CMP No. 4050 of 2011 disposed of.