Chhote Lal vs State of Haryana and Others

Rajiv Narain Raina, J.—This order will dispose of CWP No. 13603 of 2013 and CWP No. 16180 of 2013. The petitioner in CWP No. 13603 of 2013- Sh. Chotte Lal is a blind teacher. He challenged his transfer and posting order dated 13.6.2013 vide which he was posted at Government Senior Secondary School, Rangia Mandi (Ambala) on promotion to the post of Elementary School Head Master (School Cadre). He prayed that he may be posted to Government Senior Secondary School, B.C. Bazar, Ambala Cantt. in the same seat where he was already posted complaining that he was ''unable to reach at the new place of posting being a blind person''. He relied on the policy guidelines of the Haryana Government which provide that as far as possible, the handicapped and blind employees should be shown due consideration to protect their inconvenience while considering the question of their postings and transfers. This Court by order dated 26.6.2013 issued notice of motion and ordered that in the meantime status quo shall be maintained. By order dated 8.7.2013 the interim order was continued. The petitioner did not implead any private respondent in his petition. Smt. Ranju Bala-petitioner in CWP No. 16180 of 2013, who was Middle-Head, had been transferred during general transfers to Government Senior Secondary School, B.C. Bazar, Ambala Cantt. against a vacancy when Shri Chotte Lal-petitioner in CWP No. 13603 of 2013 had been transferred to Government Senior Secondary School, Rangia Mandi (Ambala) which was impugned in the writ petition.

The Director General Elementary School Education, Panchkula, Haryana in compliance of the status quo orders passed in Shri Chhote Lal''s writ petition and in recognition of the Haryana Government Instructions dated 23.12.2008 which afforded protection to blind persons adjusted Shri Chhote Lal on promotion as Middle-Head to the Government Senior Secondary School, B.C. Bazar, Ambala Cantt. vice Smt. Ranju Bala and vice versa.

Aggrieved by this order, Smt. Ranju Bala filed CWP No. 16180 of 2013 in which I passed the following order on 29.7.2013:

Present: Mr. K.L. Dhingra, Advocate for the petitioner.

Mr. Dhingra states that there has been an attempt to conceal facts in civil writ petition No. 13603 of 2013 inter alia with respect to conveyance allowance. The petitioner therein was in receipt of conveyance allowance and concealed this fact when the distance between his home and the school is no more than one and a half kilometers. The petitioner is a blind person.

Notice of motion returnable on 05.08.2013. Process dasti as well. To be heard along with the aforesaid writ petition.

She impugned the transfer and posting order dated 25.7.2013 and set up a case of hardship. Smt. Ranju Bala is a widow and mother of two. She averred that she resides at Babyal Road, Ambala Cantt. and would need to walk only a short distance to the School at Rangi Mandi and save money on commuting and for rearing her children as a single parent. If the petitioner Shri Chhote Lal belongs to a protected category then she too fell in the protected category of widows. The postings of both the petitioners were through process of counseling based on choice and therefore, neither could have any grievance where they were originally posted. In her petition, Smt. Ranju Bala impleaded Shri Chotte Lal as the fourth respondent. This is how both the petitions came up for hearing before this Court on 5.8.2013.

Before approaching this Court, Smt. Ranju Bala had made a representation dated 26.7.2013 to the Directorate stating her grievance that at the time of counseling she chose Government Senior Secondary School, B.C. Bazar, Ambala Cantt which fell to her lot. She stated that the school at Rangia Mandi is only about 1 1/2 kms. for Shri Chotte Lal to cover but the petitioner would have to travel a far greater distance and would need to walk certain distances and to engage two auto rickshaws if the impugned order dated 25.7.2013 was permitted to stand causing her great inconvenience.

The matter was heard at length on 5.8.2013 by this Court and in order to resolve the ticklish question of comparative hardship between the two, I passed the following order on 5.8.2013:

Present: Mr. Ram Niwas, Advocate for petitioner In CWP No. 13603 of 2013. Mr. K.L. Dhingra, Advocate for the petitioner in CWP No. 16180 of 2013.

Ms. Kirti Singh, DAG, Haryana.

CM No. 11001 of 2013 is allowed as prayed for.

The petitioner Ranju Bala in CWP No. 16180 of 2013 is a widow. The petitioner Chhote Lal in the connected writ petition (CWP No. 13603 of 2013) is a blind person. The petitioner-Ranju Bala was promoted to the post of Middle Head Mistress and was posted in Government Sr. Secondary School at B.C. Bazar, Ambala Cantt. and joined there on 15.6.2013. When the petitioner Ranju Bala joined as Head Mistress, the petitioner-Chhote Lal in the connected writ petition was working as S.S. Master in same school where Ranju Bala was posted. He was also promoted as Middle Head and was posted in the Government Sr. Secondary School at Rangia Mandi, Ambala Cantt. These postings were as a result of counselling held in the Office of Director Elementary Education, and therefore, these were initially their personal choices of posting. The petitioner-Chhote Lal dissatisfied with his posting at Government Senior Secondary School, Rangia Mandi, Ambala Cantt., approached this Court during vacations on 26.6.2013. This Court passed an order of status quo. On 26.6.2013, Chhote Lal was working as SS Master in the School at BC Bazar, Ambala Cantt., though he was given posting in the School at Rangia Mandi, Ambala Cantt. The posting order of Chhote Lal was dated 13.6.2013. He made a representation on 17.6.2013 to the Director Elementary Education (P-5). On 26.6.2013, petitioner-Ranju Bala was Middle Head in the school at B.C. Bazar. Therefore, the status quo order meant or had the effect of retention of both Chhote Lal and Ranju Bala in the school at B.C. Bazar.

Ms. Kirti Singh, learned counsel for the State has produced a copy of the order dated 25.7.2013 passed by the Director General Elementary Education, Haryana, Panchkula pursuant to the interim order dated 26.6.2013 passed by this Court in the writ petition filed by Chhote Lal on 26.6.2013 and in the light of the government instructions dated 23.12.2008 adjusting Chhote Lal in the school at B.C. Bazar, Ambala Cantt. vice Ranju Bala and vice versa. This order dated 25.7.2013 which is taken on record as Mark "A".

When the order dated 26.6.2013 was passed in Chhote Lal''s writ petition, he had not arrayed Ranju Bala as respondent in his petition. This compelled Ranju Bala to approach this Court independently by filing CWP No. 16180 of 2013 for redressal of her grievance.

Without going further for the present, a balance needs to be struck on the principle of comparative hardship, one of a blind person and the other of the widow and the distance covered by them from their respective residences. In order to resolve this, this Court deems it appropriate that a direction should go to the Deputy Commissioner, Ambala to call for a report on comparative hardship between the two and place the result of this exercise before this Court on the next date of hearing. For this purpose, he may depute the Sub Divisional Magistrate or any other Senior Officer who would not be swayed by either side and help this Court to resolve the controversy. This Court is concerned with the well being of both the petitioners. It may also be indicated what route has Chhote Lal to take from his residence to the school at B.C. Bazar or at Rangia Mandi and what route has Ms Ranju Bala to take from her residence to the school at B.C. Bazar or at Rangia Mandi, Ambala.

So far as Chhote Lal is concerned, the operation of the interim order dated 25.7.2013 shall remain suspended till next date of hearing so that none has any unfair advantage till the report called for is submitted. This would, however, not involve any movement of either of the parties.

Copy of this order be given dasti under the signatures of Bench Secretary of this Court to the learned State counsel.

List on 12.08.2013.

In terms of the order dated 5.8.2013, the Deputy Commissioner, Ambala, deputed the Sub Divisional Magistrate, Ambala to carry out the exercise of determining comparative hardship and to comply with the directions of this Court. The Sub Divisional Magistrate, Ambala, formed a team to accompany him to examine and report on the issue. He took with him the Block Education Officer, Ambala-II and the latter''s staff comprising Shri Manoj Ghai-Assistant and Shri Amarjit Singh, Deputy Superintendent from the office of the District Education Officer, Ambala. The Sub Divisional Magistrate and his team visited the routes of both the schools from the respective houses of the petitioners. The report was submitted to this Court on 12.8.2013 and the same was taken on record. The report is as follows:

From above route description, the route to be followed by Ms. Ranju Bala to reach out at the Govt. Sr. Sec. School, BC Bazar, Ambala Cantt and Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt is re-submitted as under:

1) Ms. Ranju Bala has to travel 1 KM (Appx) from her residence to the point on Babyal Road from where she can hire an Autorickshaw to reach at the Govt. Sr. Sec. School BC Bazzar, Ambala Cantt situated at Ambala-Jagadhri Road after traveling the distance of 4 KM (Appx)-Total distance to be covered is 5 Kms (Appx)

2) Ms. Ranju Bala has to travel 1 KM (Appx) to the point from where she can hire an Autorickshaw to reach at the point near the bus stand, Ambala Cantt after traveling the distance of 5.4 KM (Appx), then she has to take another Autorickshaw to take her to the point namely Nanhera turn on NH-I towards Delhi by traveling the distance of 3 KM (Appx). From this point, she has to travel through puca metalled path a distance of 1.1 KM (Appx) to reach at the Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt-Total distance to be covered is 10.5 Kms (Appx)

From above route description, the route to be followed by Sh. Chhote Lal to reach out at the Govt. Sr. Sec. School, BC Bazar, Ambala Cantt. and Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt is re-submitted as under:

1) Sh. Chhote Lal has to travel 2.2 KM (Appx) from his place of residence at Housing Board colony via Rambagh road (pucca metalled road) to Govt. Sr. Sec. School Rangia Mandi, Ambala Cantt. There is a railway crossing in between Housing Board Colony and the Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt at a distance of 1.4 KM (Appx) from Housing Board colony and 0.8 KM (Appx) towards the School-Total distance to be covered is 2.2 Kms (Appx)

2) Sh. Chhote Lal has to travel the distance of 1.9 KM (Appx) (through the Bazar area and the Bengali Mohalla) to reach at Ambala-Jagadhri Road and distance of 0.500 meter (Appx) upon the main Jagadhri Road to reach at Govt. Sr. Sec. School, BC Bazar, Ambala Cantt-Total distance to be covered is 2.4 Kms (Appx)

From the above route, it can be said that Smt. Ranju Bala has to travel a distance of 10.5 KM (Appx) from her residence to Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt and out of that 10.5 KM (Appx), the 2.1 KM (Appx) distance has to be covered on foot i.e. 1 KM (Appx) in the beginning and 1.1 KM (Appx) in the end and 8.4 KM (Appx) through two Autorickshaws to be changed in between.

Sh. Chhote Lal has to travel the distance of 2.2 KM (Appx) for reaching to the Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt nearly equal distance to the school i.e. Govt. Sr. Sec. School, BC Bazar, Ambala Cantt, but in between the obstruction as has been pointed out by the Secretary of the Federation is of the Railway Crossing (Ambala Jagadhri Railway Line). Moreover, the blind person has to be familiar with the new environment while on transfer.

Upon the basis of the facts enumerated above, it is submitted that Ms. Ranju Bala will suffer more hardship as compared to Sh. Chhote Lal (blind) while going to Govt. Sr. Sec. School, Rangia Mandi, Ambala Cantt from their place of residence.

Mr. Dhingra submits that Shri Chotte Lal is in receipt of conveyance allowance and has concealed this fact from the Court. With this allowance he could easily employ transport from home to school and back the distance being no more than 2.2 km. as against 10.5 km. his client would suffer everyday hardship as described in the report. This has not been rebutted by Mr. Ram Niwas Sharma, learned counsel appearing for Shri Chotte Lal.

The team set up by the Deputy Commissioner, Ambala, has found that Shri Chotte Lal from his place of residence is approximately equal distance from both the schools. He would have to commute 2.2 Kms approximately. However, the difference between the two routes is that while travelling to school in BC Bazar there is an obstruction of a railway crossing (Ambala-Jagadhari railway line). However, Smt. Ranju Bala would have to travel 10.5 Kms approximately from her residence to the school in Rangia Mandi and out of that distance, a distance of 2.1 Kms would have to be covered by foot, that is, one Km in the beginning and 1.1 Kms approximately in the end and 8.4 Kms approximately in between by changing auto rickshaws to get to destination. If one measures in terms of comparative hardship, there can be little doubt that the case of Smt. Ranju Bala deserves far greater sympathy than Shri Chotte Lal. Both the petitioners fall in protected categories. The distance to be covered by the widow may make travel arduous and unsafe for her being a single woman. I find no cogent reason to disregard the report. However, since this report has not been examined by the transferring authority i.e. Director General Elementary Education Haryana, Panchkula I deem it appropriate to ask him to re-examine the transfer and posting order dated 25.7.2013 in the light of the report of the Sub Divisional Magistrate, Ambala and the observations of this Court and to pass a fresh order within seven days of receipt of a certified copy of this order after affording an opportunity of hearing to both the petitioners and pass a speaking order having due regard to comparative hardship. Both the petitioners belong to protected categories and hold the coveted posts of Middle-Head of Government Senior Secondary Schools (School Cadre). Both the writ petitions are disposed of accordingly.