Sarika Gupta vs State of H.P. and Others

Surjit Singh, J.—Heard and gone through the record.

Director Education is present in person to explain why the order dated 30.4.2010 was issued, shifting the present Petitioner from Taruwala School to Korga School. His explanation is that initially, when a Division Bench of this Court passed order dated 25.2.2010; there were two posts of Lecturers (Economics) in Taruwala School and that on 16.4.2010 also, when order, transferring Respondent No. 4 was issued, there were two posts of Lecturers (Economics). He submits that on 30.4.2010, one post at Taruwala School was shifted to a school in Kangra District, in accordance with the rationalization process, carried out by the Education Department, and it was because of this shifting of one post from Taruwala School to a school in Kangra District that the Petitioner had been transferred. He further submits that when order dated 30.4.2010 was issued, order of this Court dated 25.2.2010, had not been brought to his notice and that as a matter of fact, two different officials, in his Directorate, are dealing with the matters of transfers of Teachers/Lecturers and rationalization and because of this, the order of this Court dated 25.2.2010 could not be brought to his notice, when he issued the order dated 30.4.2010, shifting the Petitioner to Korga School.

In view of the aforesaid explanation, no action is required to be taken against the Director Education.

As regards the merits of the case, it has been pointed out that Respondent No. 4 was earlier posted at Shivpur, which like Taruwala is in close vicinity of Paonta Sahib. She had been at Shivpur since August, 2007 and in April, 2010, she was shifted to Taruwala. Thus, she had been in the vicinity of Paonta Sahib for more than three years.

Petitioner was shifted to Taruwala from Kaloh in December, 2009 or say a year back. Kloh is at a considerable distance from Paonta Sahib.

Both the ladies, i.e. Petitioner and Respondent No. 4 are looking for their postings around Paonta Sahib, where they have their residences, for the reason that they have small babies. Petitioner delivered a child in March this year. It is admitted that Respondent No. 4''s child is older than Petitioner''s child.

Director Education, who is present in person, says that there is one vacancy at a place called Chandni, which is stated to be at a distance of about 20-25 Kilometers from Paonta Sahib and the place is connected by road. He says that one of the two ladies can be adjusted at Chandni. Accordingly, it is ordered that Respondent No. 4 (having remained posted around Paonta Sahib for longer tenure compared to the Petitioner) shall be shifted from Taruwala School and posted at Chandni or at any other place, closer to Paonta Sahib compared to Chandni, where a clear vacancy may be available. This order shall be complied with on or before 27.12.2010.

Writ petition stands disposed of.