Gurpal Singh vs State of H.P. and Others

V.K. Ahuja, J.—A copy of report received by Fax regarding service of Respondent No. 3 Vaneet Kumar for the date 7.3.2011, has been placed on record by the learned Counsel for the Petitioner. Learned Counsel for the Petitioner submits that he will furnish the original receipt for the service of Respondent No. 3 for 7.3.2011, since there is nothing on record to show that Respondent No. 3 was served for 7.3.2011. Accordingly, the said copy of report received by Fax by the learned Counsel for the Petitioner is taken on record and Respondent No. 3 shall be treated as served in this case, as no adverse order is being passed against Respondent No 3. Therefore, the plea is accepted and it is clear that Respondent No. 3 has been served. The matter pertains to transfer order which is being taken up today and arguments have been heard.

The Petitioner who is a TGT (Non Medical) was transferred from Government Senior Secondary School Gindpur Malon (Una) to Govt. Senior Secondary School Banjal (Una), vide Annexure P-1. The Petitioner is aggrieved by the said transfer order, since he submits that he has been transferred without TTA/joining time, though he had never made any request in writing for being transferred from that place. In case, an employee is transferred on his own request in writing, only then he is not entitled to TTA/joining time. But the Petitioner submits that he has never made any request in writing. Therefore, the matter shall be looked into by Respondent No. 2 as to whether the Petitioner has made any request in writing and in case he had not made any request and the said request has been falsely procured by somebody other than Petitioner, he shall enquire into the matter and take appropriate action in this regard. However, it is clarified that in case the Petitioner had not made any request in writing, he is entitled for TTA/joining time as per the rules.

Insofar as the grievance of the Petitioner is concerned in regard to the transfer, the learned Counsel for the Petitioner submits that since the Petitioner has completed three years at GSSS Gindpur Malon(Una), there is nothing more to submit in this regard.

In this view of the above fact, the petition is allowed and in the facts and circumstances of the case, transfer order Annexure P-1, is not liable to be quashed and set aside, but an inquiry is required to be made by Respondent No. 2 and he shall complete the inquiry within a period of one month and convey the result of the same to the Petitioner.

In view of the above observations, the petition stands disposed of, so also the pending Miscellaneous application(s).