Smt. Alka Kapoor vs State of H.P. and Others

Deepak Gupta, J.—The aforesaid three writ petitions are being disposed of by this common judgment since similar questions of law and facts are involved in the same.

CWP 5461 of 2010 has been filed by Smt. Alka Kapoor challenging the order dated 30.8.2010 whereby she has been transferred from Government Primary School (GPS), New Colony, Sadar to GPS, Kuthar (Sadar) and in her place, Respondent No. 4, Meera Devi who was under transfer from GPS, O Block (Sadar) to GPS Kuthar (Sadar) has been adjusted at GPS, New Colony (Sadar).

CWP No. 5832 of 2010 has been filed by Smt. Jatindra Sharma. By means of this petition, the Petitioner has challenged the order dated 28th August, 2010 passed by the Director, Elementary Education, H.P. refusing the request of the Petitioner to be adjusted at one of the three stations indicated by her.

It would be pertinent to mention here that earlier also Smt. Jatindra Sharma had filed a Writ Petition in this Court which was registered as CWP No. 1781 of 2010 whereby she had challenged her transfer from Government Primary School, U Block (Sadar), Mandi to Government Primary School, Dhangwach on the ground that she had been transferred after a short span of time. In response to the said petition, the stand of the State was that the Petitioner had been transferred to adjust one Smt. Yashodha Devi who was the Respondent No. 4 in that petition because her child was 100% handicapped. This Court rejected the petition filed by Smt. Jatindra Sharma and directed her to file a representation to the Director, Elementary Education in which she could indicate three stations of her choice. The Director, Elementary Education rejected her representation. Hence the present Writ Petition.

One of the main grounds raised in this petition is that the Petitioner Smt. Jatindra Sharma in her representation had prayed that she may be adjusted at GPS, New Colony, Sadar against Smt. Alka Kapoor. Her representation was rejected on the ground that Smt. Alka Kapoor had been posted at GPS, New Colony, Sadar only since 24.2.2010 and could not be disturbed. This order was passed on 28.8.2010 but within a couple of days, i.e., on 30.8.2010, Smt. Alka Kapoor was transferred and Meera Devi was adjusted at GPS, New Colony, Sadar.

In the petition filed by Smt. Alka Kapoor, an interim order was passed that in case Smt. Meera Devi had not joined duty, further proceedings for relieving Alka Kapoor will be deferred. However, Meera Devi was relieved and she, therefore, filed CWP No. 384 of 2011 challenging the order whereby she was relieved from GPS, New Colony, Sadar, Mandi.

I have heard learned Counsel for the parties and gone through the record. It is more than apparent from the record that Smt. Meera Devi remained posted within a radius of 10 kms. of Mandi almost for ten years. It has also come on record that Smt. Meera Devi had filed a Civil Suit without disclosing the fact that her writ petition had been dismissed. Earlier also, she was transferred and she challenged her transfer order but her writ petition was rejected.

As far as Smt. Jatindra Sharma is concerned, I find from the record that the only ground taken by her is that her mother-in-law is elderly and needs to be looked after. Other than this bald assertion, there is nothing on record to show why she should be posted in Mandi town itself. Since Smt. Alka Kapoor was posted at Mandi town on her request and has not completed her normal tenure and it is apparent from the record that she has served at various other places in the District, she is entitled to stay at Mandi.

In view of the above discussion, the petition filed by Smt. Alka Kapoor being CWP No. 5461 of 2010 is allowed and she is directed to be retained at GPS, New Colony, Sadar, Mandi.

As far as Jatindra Sharma is concerned, she shall immediately join her duties at GPS, Dhangwach (Sadar-II) and Meera Devi shall be relieved and shall rejoin at GPS, Kuthar (Sadar). All the Petitioners shall be paid their salary for the period they have worked, if not already paid, within three months from today.

All the petitions are disposed of in the aforesaid terms. No order as to costs.