Mrs. Sonam Pati vs State of H.P. and Others

Deepak Gupta, J.—By means of this petition, the Petitioner has challenged the order dated 29th June, 2010 whereby she has been transferred from Government Primary School, Labrang to Government Primary School Lower Kanam.

The two grounds raised by the Petitioner are; firstly that she has been transferred without grant of TTA and joining time etc. indicating that the transfer has been made at her request which fact is not correct and the second ground is that the daughter of the Petitioner is studying in 10+2 class and there is no such facility for teaching +2 class available in Lower Kanam.

As far as the first point is concerned, admittedly the Petitioner has spent more than a normal tenure in Labrang. In fact as per the Respondents she remained posted in and around Labrang for almost 10 years. Be that as it may, the Petitioner cannot challenge the transfer on the ground of not being granted TTA and joining time. If she has not made any request for transfer, the Respondents are directed to give to the Petitioner all the allowances which are being paid in the case of transfer of employees.

As far as the second ground is concerned, pursuant to the stay order of the Court, the Petitioner is continuing at Labrang and now her daughter should have appeared in the class 12th examination. Therefore, this ground no longer survives.

In view of the above discussion I find no merit in the petition which is dismissed. No costs.