Tejender Singh vs Director Elementary Education, HP And Others

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of following relief:-

“It is, therefore, most respectfully prayed that the present Civil Writ Petition may kindly be allowed and impugned transfer orders dated 20-07-2020

(Annexure P-1) may very kindly be implemented and Respondent No.2 may very kindly be directed to pass an order so that the present petitioner may

join the transferred station in the interest of justice.â€​

It would be noticed that even though the respondents-State has taken a conscious decision, thereby putting a ban on transfers, vide letter dated 20th

July, 2019, but such transfers were still being affected after obtaining approval and concurrence of the competent authority. Even in this case, the

transfer has already been ordered, but is not being given effect to ostensibly in view of the subsequent communication of the Government dated 23rd

July, 2020, which reads as under:-

“I am directed to invite attention to this Department’s letter of even number dated the 20th July, 2019, vide which a complete ban on transfers

was imposed with clear stipulations that no transfers or adjustments will be ordered by any Department/Board/Corporation/ University etc. during the

ban period without obtaining the prior approval of the Hon’ble Chief Minister through the concerned Minister in charge that too in the

circumstances specifically provided under para 8 of the Comprehensive Guiding Principles, 2013 circulated vide OM No.Per(AP-B)-E(3)-17/2012

dated 10.7.2013.

But it has came to the notice of the Government that despite issuance of these instructions, frequent transfers in other eventualities are being done

by the various Departments/Boards/Corporations which is violation of instructions ibid.

Due to spread of the Covid-19 pandemic, various pre-emptive, precautionary and preventive measures are being adopted by the State Government.

It is desirable that unnecessary movement of officers/officials and public representatives is restricted, including by virtue of transfers.

Hence, it has been decided by the Government to impose complete ban on transfers. Accordingly, no transfers or adjustments shall be ordered by

any Department/Board/ Corporation/Universities etc. during the ban period except in the rarest of the rare cases i.e. only on extreme medical grounds

or on administrative exigencies that too with the prior approval of the Hon’ble Chief Minister through the concerned Minister-in-Charge in

accordance with the Comprehensive Guiding Principles dated 10.7.2013.

These instructions may be brought to the notice of all concerned for strict compliance.â€​

Once the Government itself had imposed a ban on transfers in the year 2019 and despite that the petitioner was transferred, the respondents cannot

now take advantage of the subsequent instructions issued on 23rd July, 2020, which are nothing, but a reiteration of the instructions issued earlier in the

year 2019.

In this view of the matter, the present writ petition is disposed of with a direction to the respondents to give effect to the transfer order dated 20th

July, 2020 (Annexure P-1) and report compliance to this Court on 27th August, 2020. Pending miscellaneous application(s), if any, shall also stand

disposed of.