Raman Kumar vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

Learned Additional Advocate General prays for and is permitted to file the affidavit on behalf of the Secretary (Education) to the Government of Himachal Pradesh, which is taken on record. A perusal of the affidavit demonstrates that in light of the order that has been passed by this Court on 03.09.2024, a meeting was convened under the Chairmanship of the Secretary (Education) to the Government of Himachal Pradesh on 07.09.2024, which was attended by the Director, Higher Education, Director, Elementary Education and Joint Secretary (Education) to the Government of Himachal Pradesh, in which, inter alia the following decisions were taken:-

“ ii) The Director of Elementary Education was directed not to issue any transfer order during the mid-academic session And in case there is a need to transfer any teacher due to administrative reasons or to improve learning outcomes in a particular school then the file, with complete justification, be put up to the Hon'ble Education Minister and Hon'ble Chief Minister for approval as provided in the Guidelines/Notification No Per(AP-B)E(3)-17/2012, dated 10 July, 2013.

iii) The Director of Elementary Education was further directed to submit complete detail of transfer orders issued by him after the ban was imposed on transfers (w.e.f. 30-07-2024). His attention was invited to the Show Cause Notice already served upon him on 14-08-2024 regarding transfers and he was directed to supply the information without any delay.

iv) Since the transfer and posting of TGTs/JBTs and C&V category are issued by the Director of Elementary Education at his level without referring the file to the Administrative Department, he was directed to follow the instructions issued regarding ban on transfers in letter and sprit. He was informed that any violation of the same shall be viewed seriously and appropriate action shall be taken.”

The  Court  further  stands  informed  that  appropriate order for the adjustment of the petitioner has been issued.

In light of this development, this writ petition is disposed of with direction that the decisions that have been taken in the meeting held on 07.09.2024, which have been quoted hereinabove, are adhered to in letter and spirit so that teachers are not discriminated in the matters of transfers, that is to say that all are treated with the same yardstick and until and unless, there are compelling circumstances, Mid-Academic Session transfers be avoided. Pending miscellaneous application(s), if any also stand disposed of accordingly.