Anju Bala vs State Of Haryana & Ors.

HARPREET SINGH BRAR, J. (Oral)

The present application has been filed under Section 151 of CPC for placing on record Annexures P-16 to P-22 along with exemption from filing certified copies thereof. In view of the grounds mentioned in the application, the same is allowed, Annexures P-16 to P-22 are ordered to be taken on record, subject to all just exceptions.

Registry is directed to place the same at an appropriate place.

The present application has been filed under Section 151 of CPC for placing on record Annexures P-31 to P-37 along with exemption from filing certified copies thereof.

In view of the grounds mentioned in the application, the same is allowed, Annexures P-31 to P-37 are ordered to be taken on record, subject to all just exceptions.

Registry is directed to place the same at an appropriate place.

With the consent of learned counsel for the parties, the aforesaid writ petitions are being taken up together for adjudication, as they arise out of a common set of facts and involve identical questions of law. However, for the sake of brevity and convenience, the facts are being extracted from CWP-6763-2024.

The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of an appropriate writ, order or direction, especially in the nature of certiorari for quashing the impugned order dated 16.03.2024 (Annexure P-24) qua the petitioner for allocating the petitioner in Govt. Primary School, Raiwali, District Ambala in terms of notice dated 07.03.2024 (Annexure P-19) on account of allocation of District Ambala vide office order dated 18.10.2023 (Annexure P-18)) being illegal and against the transfer policy and violative of Articles 14 and 16 of the Constitution of India. Further praying for issuance of a writ in the nature of mandamus directing respondents not to force the petitioner to join at allocated station namely Govt. Primary School, Raiwali (Ambala) vide order dated 16.03.2024 because petitioner has already been reallocated Panchkula district on permanent basis. Further praying for quashing impugned office order dated 18.10.2023 (Annexure P-18) qua petitioner vide which petitioner has been allotted new District Ambala because same is against the decision of respondent Education Department that employees like petitioner who have been deployed/posted against non-core posts in Sanskriti Model School after taking part in the screening process for selection for posting in Sanskrit Model School does not fall under the online General Teacher Transfer Drive in terms of letter dated 15.06.2021, Annexure P-25 and only those teachers could participate in the transfer drive who are working against the core posts in terms of the Govt. Transfer Policy dated 09.08.2023 (Annexure P-15).

Learned counsel for the petitioner, at the very outset, submits that the petitioner has approached this Court challenging the orders impugned in the present petition. However, during the pendency of the present petition, the respondents have circulated the Government Model Sanskriti/PM Shri School Teachers Deployment Policy dated 05.06.2025 (Annexure P-31). It is submitted that, in terms of the said policy, the petitioner is entitled to participate in the deployment drive and, therefore, her claim for deployment may be considered in accordance with the applicable policy.

On the other hand, learned counsel for the respondents submits that the impugned orders have no nexus with the deployment contemplated under Annexure P-31. It is submitted that the petitioner was sought to be allocated a district pursuant to the conclusion of the long-drawn litigation and the exercise undertaken by the respondents is, in fact, an exercise of district allocation, particularly when the post of Primary Teacher is a district-cadre post. It is further submitted that the petitioner's claim for deployment in Government Model Sanskriti/PM Shri Schools, if otherwise permissible, would be considered in accordance with the applicable policy after her district allocation.

In view of the aforesaid submissions, learned Counsel(s) for the petitioner(s) seeks permission to withdraw the present petition(s) with liberty to the petitioner(s) to participate in the deployment drive, as and when conducted by the respondents, in accordance with the Government Model Sanskriti/PM Shri School Teachers Deployment Policy dated 05.06.2025 (Annexure P-31), and to avail of such remedy as may be available to them in accordance with law.

Dismissed as withdrawn, with liberty aforesaid.

Photocopy of this order be placed on the files of connected cases.