Purshotam Chand vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Order dated 15.7.2020 (Annexure P-1) effecting vice-versa transfer of petitioner and respondent No. 4 has been assailed in this writ petition.

On 9.12.2019 petitioner was transferred from Government High School, Bakhan to Government Senior Secondary School, Samej, District Kullu. Challenging this order, he preferred CWP No. 4164 of 2019 before this Court, which was disposed of on 12.12.2019 with following directions:

"In view of the above reasons pointed out by the petitioner, he is permitted to file a representation highlighting his reasons seeking cancellation of impugned transfer order before the Competent Authority within a period of one week from today, whereafter representation shall be decided within a period of two weeks thereafter. Till the time decision is taken, status quo as on date of filing of the writ petition in respect of petitioner's posting shall be maintained."

Petitioner's representation was allowed by respondent No. 3 vide order dated 22.1.2020. Transfer of the petitioner to GSSS, Samej, District Kullu was cancelled on the following grounds:

"On perusal of the record received from the Headmaster, Govt. High School, Bakhan and Principal Govt. Sen. Secondary School, Samej, which reveals that the petitioner is serving in GHS Bakhan from 23.05.2017 and he has been transferred before the normal tenure of transfer policy and he had already rendered his services in the difficult i.e. GSSS, Samej, whereas, the private respondent is serving in GSSS, Samej since November, 2019 and she has served her entire service within normal area.

Now, therefore, keeping in view the facts, the transfer orders issued vide this office order No. EDN-KLU(A)B)E-III)01/2013-13434-37 dated 09.12.2019 are hereby withdrawn within immediate effect. The representation of the petitioner is considered and decided. The same is disposed of accordingly. The order be brought to the notice of all concerned."

Subsequently vide impugned order passed on 15.7.2020 petitioner was yet again transferred vide respondent No. 4 to GSSS, Samej.

On behalf of respondents No. 1 and 2, it has been argued that representation of the petitioner was allowed as at that time the petitioner had not completed his normal tenure at GHS, Bakhan. It was only on petitioner's completion of three years at GHS, Bakhan that he has now been transferred vide impugned order to respondent's No. 4 place of posting at GSSS, Samej and she (respondent No. 4 ) has been transferred to petitioner's place. Stand of respondent No. 4 is that she is facing some adverse family circumstances inasmuch as her daughter is studying in 10th class at Rampur Bushehar and her husband is living at Village Rewari (Dalash) and, therefore, she had requested the department for her adjustment at GHS, Bakhan.

We have also gone through the scanned copies of the record made available by respondents No. 1 to 3. It appears that respondent No. 4's request for transfer from GSSS, Samej to GHS, Bakham vice petitioner was approved by the Competent Authority on 4.7.2020. It is also to be noticed that it was respondent No. 4's first posting at GSSS, Samej after her promotion as Language teacher on 1.11.2019. There is nothing on record that before issuing the impugned transfer order, the proposal of transfer of petitioner vice respondent No. 4 was independently examined by the administrative department. One reason for cancelling petitioner's earlier transfer order to GSSS, Samej as given in the order dated 22.1.2020 was that he had already rendered service in difficult area i.e. GSSS, Samej, therefore, he could not be sent again to the difficult area. If it is so, then this reason still holds good today. Transfer of petitioner to GSSS, Samej is, therefore, bad in eyes of law.

In view of above, this writ petition is allowed. The impugned transfer order dated 15.7.2020 is quashed and set aside. Pending application(s), if any, shall also stand disposed of.