Meenu Bala vs State of Punjab and Others

Tejinder Singh Dhindsa, J.—The petitioner, who is working as Hindi Teacher under the Rashtriya Madhyamik Shiksha Abhiyan Authority, Punjab on a consolidated salary of Rs. 16,500/- per month, has filed the instant writ petition impugning the order dated 1.11.2013 to the extent she has been transferred from Lambi to Saide Ke (Moga). Learned counsel for the petitioner would submit that vide order dated 12.9.2012 (Annexure P-2) petitioner had been transferred from Malout to Lambi in the light of the Rationalization Policy applicable for the year 2012-2013. A reference has been made to a letter dated 6.5.2013 at Annexure P-5, issued by the office of Director, Public Instructions (S.E.), Punjab and circulated to all the Circle Education Officers and D.E.Os (S.E./Elementary Education) in the light of which instructions were issued that a teacher, who has come to a school under Rationalization Policy in the previous two years i.e. 2011-2012 and 2012-2013, such teacher is not to be shifted.

On the strength of the letter dated 6.5.2013 (Annexure P-5) counsel contends that the petitioner could not have been transferred out of Lambi. That apart, the difficult domestic circumstances of the petitioner have been cited inasmuch as the petitioner is the mother of a six months old child and since her husband is doing a business at Sri. Muktsar Sahib, accordingly, in the light of the impugned transfer order and having been relocated to a distance of almost 100 kms., the petitioner would face a lot of difficulty.

Having heard learned counsel for the petitioner at length, I am not inclined to interfere with the impugned transfer effected upon the petitioner.

It is, by now well settled that transfer is an incidence of service. At best the case of the petitioner is that there has been a violation of the letter/instructions dated 6.5.2013 (Annexure P-5). Such instructions would be in the nature of an administrative decision. Hon''ble Supreme Court in case of Mrs. Shilpi Bose and others Vs. State of Bihar and others, had clearly held that even where transfers are effected in violation of executive instructions, it would be appropriate for the employee concerned to approach the employer/competent authority.

Accordingly, the present writ petition is disposed of in terms of granting liberty to the petitioner to approach respondent no. 1/competent authority with a detailed/comprehensive representation as regards redressal of her grievances. In the eventuality of any such representation being preferred, the same shall be considered and a final decision thereupon be taken, within a period of 10 days from the date of submission of the same. Petition disposed of.