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Judgment
The facts of these matters showcase how one order, passed without application of mind, leads to passing of a series of orders giving cascading effect,
resulting in disturbing number of teachers in a row.
CW No.15579/2019(Nirmala Vs. State of Raj. & Ors.)
By way of the present writ petition, petitioner has challenged the order dated 09.10.2019, issued by the respondent No.2 whereby petitioner was
ordered to be placed at Smt. Saraswati Devi Manda Govt. Girls Sr. Sec. School, Beenjhbayla.
The facts pertinent are that by way of an order dated 29.09.2019, issued by the respondent No.2, the petitioner was transferred from Smt.
Saraswati Devi Manda Govt. Girls Sr. Sec. School, Beenjhbayla to Govt. Girls Sr. Sec. School, Matka Chowk, Sriganganagar.
In frutherance of the order aforesaid, the petitioner was relieved on 02.10.2019 and offered her joining on the same date, i.e. 02.10.2019 and she
was allowed to join at Matka Chowk.
On the same date, i.e. 29.09.2019, the respondent No.3, Kiran Nagpal was ordered to be transferred from Govt. Girls Sr. Sec. School, Matka
Chowk, Sriganganagar to Govt. Sr. Sec. School, Bajuwala.
For the reasons best known, on 09.10.2019, respondent No.2 passed impugned order, whereby petitioner and respondent No.3 were placed at their
original place of posting, namely, Beenjhbayla and Matka Chowk.
The petitioner has challenged the order dated 09.10.2019, inter alia contending that since the order dated 29.09.2019 has been given effect to â€
petitioner was relieved from Beenjhbayla to join at Matka Chowk and the petitioner has been allowed to join at Matka Chowk on 02.10.2019, the
impugned order could not have been passed.
Mr. Siddhu, learned counsel appearing for the petitioner, submitted that once an order of transfer has been given effect to, the present order in the
guise of double posting/ adjustment/awaiting posting order/amendment, could not have been passed.
In support of his argument aforesaid, learned counsel relied upon a judgment dated 26.03.2010, rendered in the case of Smt. Meenaxi Sharma Vs.
State & Ors. (SB Civil Writ Petition No.10428/2009) .
Mr. Vishal Jangid, learned counsel appearing for the respondents, submitted that due to inadvertence, a vacant post at the school at Matka Chowk
was shown, in furtherance whereof, the petitioner did apply for her transfer and her request was accepted. However, when it was realized later that
there was no vacant post at Matka Chowk, the impugned order came to be passed on 09.10.2019.
It was also argued by Mr. Jangid that after passing of the order dated 29.09.2019, the respondent No.3, Kiran Nagpal, made a request to cancel
her transfer and it is in furtherance of such request, the order impugned was passed, and petitioner and respondent No.3 were ordered to be posted in
the schools where they were working prior to 29.09.2019.
Ms. Varsha Bissa, learned counsel appearing for respondent No.3, submitted that the facts as projected, are not completely correct â€" as a
matter of fact one post at Matka Chowk was lying vacant for which applications were invited. Petitioner and one Alka Rani both showed their desire
to be posted at Matka Chowk and the respondents acceded to the requests of both the teachers, namely, petitioner and Alka Rani and both of them
were posted at Matka Chowk. Such decision of the respondent No.2 led to double posting, for which petitioner’s order was amended and her
transfer to Matka Chowk has been cancelled.
Before pronouncing upon the controversy involved in the present case, it is apt to be mindful that on 15.10.2019, noticing the facts obtaining in the
present case, this Court was pleased to grant interim order in petitioner’s favour and effect and operation of the order dated 09.10.2019, qua the
petitioner was stayed.
As a result of the interim order dated 15.10.2019 in petitioner’s case, more teachers started working than the posts available, for which
Rajendra Kaur (petitioner in SBCWP No.18086/2019) was transferred vide order dated 26.11.2019 from Government Girls Sr. Sec. School, Matka
Chowk, Sriganganagar to Government Girls Sr. Sec. School, Mirjewala, Sriganganagar.
Such petitioner, namely, Rajendra Kaur, then, approached this Court and the above referred order dated 26.11.2019, came to be stayed by this
Court, vide order dated 18.12.2019.
It is pertinent to note that the transfer order dated 26.11.2019, issued qua Rajendra Kaur clearly stipulated that she is being transferred to
Mirjewala in view of the interim order passed in case of Nirmala and her posting shall remain subject to writ petition filed by said Nirmala (the present
petitioner).
When the interim order dated 18.12.2019 came to be passed in the writ petition filed by said Rajendra Kaur, another teacher, namely, Rajkumari
(petitioner in SBCWP No.1262/2020), was scooped out of the school at Matka Chowk vide order dated 15.01.2020 to Government Girls Sr. Sec.
School, Mirjewala, Sriganganagar.
Needless to mention that in the above referred order dated 15.01.2020, passed qua Rajkumari, a reference of order dated 18.12.2019, passed in
the writ petition of Rajendra Kaur was made, rather the same was held to be the reason/basis.
Having heard learned counsel for the parties and upon perusal of material available on record, this Court is of the considered opinion that transfer
of the present petitioner, namely, Nirmala (from Beenjhbayla to Matka Chowk), had been given due effect to â€" the petitioner was not only relieved
but was also permitted to join at Matka Chowk on 02.10.2019. Hence, the impugned order dated 09.10.2019, under the caption of amendment/double
posting/APO, could not have been passed.
In case the respondents were of the view that there are double postings and/or more persons have been posted than the posts available in the
school at Matka Chowk, respondent No.3 Kiran Nagpal could not have been posted at Matka Chowk. The respondent ought to have maintained her
transfer to Beenjhbayla, where she had been transferred vide order dated 09.10.2019.
In any case, she could have been provided another place of posting. No justifiable reasons have been disclosed, for which respondents were
required to pass the impugned order dated 09.10.2019, placing petitioner as well as respondent No.3 to the schools, where they were working prior to
29.09.2019.
As a matter of fact, the order dated 09.10.2019 amounts to passing of a fresh transfer order in a short span of seven days, particularly when the
petitioner had already joined at Matka Chowk. The stipulation “under transfer†against petitioner’s name is a misnomar. The petitioner cannot
be treated to be ‘under transfer’ on 09.10.2019, as she had already joined at Matka Chowk on 02.10.2019.
It appears that impugned order dated 09.10.2019 has been passed to accommodate respondent No.3 and not in administrative exigency.
As a consequence of the discussion foregoing, the writ petition (CW No.15579/2019) is allowed; the impugned order dated 09.10.2019 qua the
petitioner so also qua respondent No.3 is quashed.
The respondent No.2 is directed to provide appropriate place of posting to respondent No.3 on a nearby vacant post. Needful be done within a
week.
The stay application also stands disposed of accordingly.
CW No.18086/2019(Rajendra Kaur Vs. State of Raj. & Ors.)
The order dated 26.11.2019, challenged in the petition, has been passed keeping the same subject to decision of SBCWP No.15579/2019, filed by
Nirmala Devi.
Since by order of even date, the writ petition filed by Nirmala has been allowed and her transfer order dated 09.10.2019 has been set at naught;
consequently, the order dated 26.11.2019 has been rendered redundant, particularly when respondents have been ordered to provide another place of
posting to Kiran Nagpal.
The respondent No.2 shall pass a fresh/formal order permitting the petitioner herein to continue at Government Girls Sr. Secondary School, Matka
Chowk, Sriganganagar, within a period of three days from today.
The writ petition so also the stay petition stands disposed of accordingly.
CW No.1262/2020(Rajkumari Vs. State of Raj. & Ors.)
The impugned order dated 15.01.2020, transferring the petitioner from Government Girls Sr. Sec. School, Matka Chowk to Government Girls Sr.
Sec. School, Mirjewala has been passed to accommodate Rajendra Kaur â€" who had an interim order dated 18.12.2019, in her favour in the writ
petition (SBCWP No.18086/2019) filed by her.
In view of the facts noticed above, since the respondent No.2 is required to pass a fresh order for Kiran Nagpal and Rajendra Kaur, the order
dated 15.01.2020 has also lost its very expediency/necessity.
The respondent No.2 shall pass fresh/formal order or withdraw the impugned order dated 15.01.2020 within a period of three days from today.
The writ petition so also the stay petition stands disposed of accordingly.