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High CourtsDivision Bench(2012) 03 SHI CK 0065

Smt. Hem Lata Sekhri vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 27 March 2012

HON’BLE JUDGES
Kurian Joseph, J · Dharam Chand Chaudhary, J
CASE NUMBER
CWP No. 422 of 2010-A

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Judgment

6 paragraphs · 351 words

Justice Kurian Joseph, C.J.

1, The writ petition is filed with the following prayers:- (i) Writ of certiorari be issued for quashing the order, dated 09.02.2010 (Annexure P-3) whereby the petitioner was shifted from Primary School Chamba to Miyarigala (Mehla- II) and order, dated 01.02.2010 whereby the respondent No. 2 has transferred the respondent No. 5 from Chamba to Sarol illegally.

(ii) Writ of mandamus be issued against the respondents which are the statutory authority to perform and act in accordance with law and the respondents be directed to cancel the adjustment of the respondent No. 5 vide order dated 01.02.2010 and her name be placed as per the seniority and be included in the list of teachers to be shifted as per rationalization.

In reply at paragraph 2, it is stated as follows:-

That this para also calls for no submissions being a matter of record. However, it is respectfully submitted that as per the information received from the Deputy Director of Elementary Education, Chamba that one Smt. Neelam Kumari, JBT whose name was sought to be approved from shifting under the rationalization scheme as she was senior most teacher in GPS Chamba as on 1.1.2006. However, in the meantime, when the rationalization of teachers in the schools was in progress approval to transfer Smt. Neelam Kumari was received from the Government and on approval of the competent authority, Smt. Neelam Kumari was transferred to GPS Salol vice Smt. Sunita Bedi, as a result of which Smt. Hem Lata became senior most teacher in the school. Hence, she being senior most teacher in the school was shifted under the said rationalization scheme from GPS Chamba to Myarigala (Mehla) instead of Smt. Neelam Kumari JBT as one JBT teacher was surplus in the school.

2.

There is no rejoinder. In view of the above, in case the petitioner has still any grievance left, it will be open for her to approach the second respondent. Without prejudice to such liberty the writ petition is dismissed. Interim order is vacated. The writ petition is disposed of, so also the pending application(s), if any.