Veena Devi vs State Of Himachal Pradesh And Others

 Tarlok Singh Chauhan, J

Aggrieved by the order of transfer, the petitioner has filed the instant petition for the grant of following substantive reliefs:

(i) That writ in the nature of certiorari may kindly be issued and the impugned office order dated 13.11.2020 (Annexure PÂ1) as well as corrigendum

dated 23.11.2020 (Annexure PÂ​2) may kindly be quashed and setÂ​aside.

(ii) That writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to allow the petitioner to continue to work as

Head Teacher at Government Primary School, Kachhiari, District Kangra, H.P. or in the alternative, she be posted against the vacant post of Head

Teacher at Government Primary School, RajianaÂII (53 Miles), Kangra, H.P. keeping in view the peculiar facts and circumstances of the present

case.â€​

It is not in dispute that the petitioner has completed her normal tenure of service having been posted at one station i.e. Government Primary School,

Kachhiari, District Kangra.

The two fold contentions have been raised by learned counsel for the petitioner, firstly that the transfer is bad as it is in the teeth of the instructions

issued by the Government on 23.07.2020 and moreover since the petitioner has been assigned the election duties, therefore, she cannot be ordered to

be transferred in terms of the instructions issued on 2. 11.2020.

As regards the first contention, no doubt, the Government has imposed ban on transfers. However, paraÂ4 of the instructions does carve out an

exception that the transfer can be effected during the ban period with the prior approval of the Hon’ble Chief Minister through the concerned

Minister. The transfer order dated 13.11.2020 makes it evidently clear that the transfer has been effected after prior approval of the competent

authority.

As regards the second contention, it would be noticed that only those officers/officials, who are connected with the exercise of Electoral Rolls

cannot be transferred without the prior permission of the Election Commission of India, as is evident from the letter dated 2. 11.2020, the relevant

portion whereof, reads as under:

“On the subject cited above, I am sending herewith a copy of Chief Electoral Officer’s letter number 6Â13/2020ÂELNÂ1520 dated 30th

October, 2020 whereby it has been informed that no Officers/Officials connected with the exercise of Electoral Rolls should be transferred without

prior permission of the Election Commission of India.

You are, therefore, requested to ensure implementation of instructions of the Election Commission of India.â€​

In the instant case the petitioner is not connected with the exercise of Electoral Rolls and, therefore, there is no question that she cannot be

transferred.

In view of the aforesaid discussion, we find no merit in the instant petition and the same is accordingly dismissed, so also the pending miscellaneous

application(s) if any.