Dr. Sohan Lal Sharma vs State of Himachal Pradesh and Others

Deepak Gupta, J.—The petitioner by means of this petition has challenged the order dated 5.4.2012 whereby the earlier order dated 21.3.2012 has been cancelled. Briefly stated the facts of the case are that the petitioner and respondents No. 4 and 5 are working as Assistant Professors of Physics and are in the college cadre of the State. The petitioner Sohan Lal Sharma was working at Rajiv Gandhi Degree College (RGDC), Kotshera, Shimla and vide order dated 21.3.2012 he was transferred to Govt. Degree College Baijnath. Smt. Renu Kaul, respondent No.4, who was working at Government College Baijnath was in turn transferred to Government College Amb and Smt. Rekha Sharma, respondent No.5, who was working at Government College Amb was transferred to RGGC Shimla. Apparently, the petitioner was happy with his transfer and joined at Baijnath. However, on 5.4.2012 the earlier order was cancelled and aggrieved by the cancellation of the order the petitioner approached this Court.

On 13th April, 2012 a Division Bench of this Court while issuing notices stayed the operation of the order dated 5.4.2012 but the result has been that there are two teachers at Baijnath and there is no teacher at Shimla at present.

The State was specifically asked to file a reply stating therein as to what were the reasons which compelled it to cancel the transfer order dated 21.3.2012 within two weeks of the issuance thereof. The stand of the State is that earlier Ms. Renu Kaul, had filed O.A. No.605 of 2007 and in this O.A. Ms. Renu Kaul had prayed that she should not be shifted to the school cadre and should be kept in the college cadre. The question as to where she is to be posted was not raised in the said original application. However in the said O.A. an order had been passed that status qua be maintained. On the abolition of the Tribunal the case was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, and registered as CWP (T) 14835 of 2008. Finally this Court decided the CWP(T) 14835 of 2008 and directed that Renu Kaul be retained in the college cadre as lecturer in Physics with all consequential benefits. The stand of the State is that in view of the status qua order it was felt that she could not be transferred out of Shimla and therefore, the previous order of transfer was cancelled.

We are not at all in agreement with the submissions of the State Government. The order of status qua has to be seen in the context of the prayer made in the original application. The prayer was that she should be retained in the college cadre. Under the garb of the status qua order she could not be retained at one station till the pendency of the petition. The petition having been disposed of the status order also comes to an end since she is a member of the college cadre and she could be posted at any station as per the administrative exigency and requirements of the State.

In view of what we have held as above, we would have revived the order dated 21.3.2012. However, in this case respondent No.5 has also filed reply setting out the reasons why she could not be transferred from Amb. We are not going into the merits of the case and we are also clearly of the view that every employee must serve at different stations and no employee has a right to continue at one station indefinitely. However, we feel that this is the matter for the State to decide and since the stay order has been continuing for more than three months, we direct the Principal Secretary (Education) to the Government of Himachal Pradesh to reconsider the matter in the light of the request made by all the three affected parties, who will make their representations within one week from today. In case, these representations are made the Principal Secretary (Education) shall pass an appropriate order latest by 30th August, 2012. It will not be necessary for the Principal Secretary to hear the parties. Till then the present arrangements shall continue.

Dasti copy.