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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ranjan Sharma, J.
Tara Chand Sharma - Petitioner
Vs.
State of Himachal Pradesh & Ors. - Respondents.
CWP No. 7129 of 2023
Decided On : 12-01-2024
Transfer - Administrative Law - [Section 14 of the Transfer Policy, 2013, Section 10 of the Transfer Policy, 2013, SR 2(18)] - The court set aside the cancellation order of the transfer based on the petitioner's request, citing the Shilpi Bose case, and emphasized the need for genuine material revealing public interest and administrative exigency. The court also highlighted the inadmissibility of clubbing previous stays and the influence of political representatives in transfer decisions.
Fact of the Case:
The petitioner, a Language Teacher, was transferred from GSSS Purag to GSSS Mashobra on his request, which was later cancelled by the Director of Higher Education, Himachal Pradesh.
Finding of the Court:
The court found the cancellation order to be irrational and set it aside, emphasizing the need for genuine material revealing public interest and administrative exigency for transfers.
Issues: The issues included the validity of the cancellation order, the influence of political representatives in transfer decisions, and the admissibility of clubbing previous stays.
Ratio Decidendi: The court emphasized the need for genuine material revealing public interest and administrative exigency for transfers, highlighted the inadmissibility of clubbing previous stays, and addressed the influence of political representatives in transfer decisions.
Final Decision: The court allowed the writ petition, quashed the cancellation order, and directed the respondents to permit the petitioner to continue in accordance with the policy and the law.
JUDGMENT :
Ranjan Sharma, J.
The petitioner has filed the instant writ petition with the following prayer(s):-
2. The case of the petitioner is that petitioner was appointed as Language Teacher under Voluntary Teacher Scheme in 1992 in GSSS Mandhole, Tehsil Jubbal, District Shimla. Consequent upon the Government decision, the services of the petitioner were regularized as Language Teacher in 1999 while working in the same school where the petitioner continued to work till 2002. Thereafter, petitioner worked in GSSS Sarog and was thereafter transferred to GSSS Sanjauli and thereafter in GSSS (Boys) Theog, then in GSSS Totu and then in GSSS Jais. On promotion as TGT (Arts) in 2011, petitioner served under the respondents at GHS Bathlog. Thereafter, on promotion as Lecturer (School Cadre) (Hindi), petitioner was posted in GSSS Purag (Shimla) on 30.8.2022.
3. While working at GSSS Purag (Shimla) as Lecturer School Cadre (Hindi) since 30.8.2022, petitioner on account of certain family hardships and adversarial conditions, made representation to the competent authority (Hon’ble Chief Minister) on 22.6.2023. The request of the petitioner was acceded to by the competent authority leading to the issuance of orders dated 29.08.2023 (Annexure P-2), whereby petitioner was transferred from GSSS Purag to GSSS Mashobra without TTA/JT. The stipulation of the terms “without TTA/JT” also corroborates stand of the petitioner that the transfer is on request which is also borne out from the records, as referred to above.
4. Based on the orders of transfer dated 29.08.2023 (Annexure P-2), petitioner joined at new place of posting i.e GSSS Mashobra on 30.8.2023.
5. Though the petitioner had joined at GSSS Mashobra on 30.8.2023, in pursuance of order dated 29.8.2023 (Annexure P-2), yet, Director of Higher Education, Himachal Pradesh has issued another order on 25.9.2023 (Annexure P-3), in cancelling the transfer orders with the pre-condition, in case the petitioner “had not joined”. Since the petitioner, had already joined at GSSS Mashobra and Annexure P-3 dated 25.9.2023 did not materialise, therefore, the Respondent No. 2 – Director, Higher Education issued another order on 26.9.2023 (Annexure P-4), whereby the transfer order dated 29.8.2023 (Annexure P-2), was cancelled, despite the fact, that the petitioner had already joined and was working in GSSS Mashobra since 30.8.2023.
6. It is in this background, the petitioner has assailed the order of cancellation dated 26.9.2023 (Annexure P-4). The first contention of Mr. Sanjeev Bhushan, learned Senior Counsel for the petitioner is that the cancellation order dated 26.9.2023 (Annexure P-4) is neither in public interest nor does it reveal any exigency of service, which forms the basis for issuance of cancellation order. He further submits that in absence of any material to justify public interest and administrative exigency, cancellation order so issued is perverse, illegal, arbitrary, malafide and violative of Articles 14 and 16 of the Constitution of India. The second contention is that the cancellation after about one month of stay at GSSS Mashobra is violative of Clause 10 of the Policy, which prescribes minimum tenure to be three years ‘at a station’. The last submission is on the ground of hardship. Petitioner has carved out case based on the treatment of father-in-law of the petitioner in para 6(iv) of the writ petition.
7. The respondents No. 1 and 2 have filed reply on the affidavit of the Director of Higher Education, verified on 6.11.2023. Perusal of para-1 of the preliminary submissions reveals that the petitioner being Lecturer (School Cadre) belongs to State cadre services and is liable to be transferred anywhere within the State in public interest and exigency in service. It is also stated in the reply that the place of posting where an employee is to be tra
The main legal point established in the judgment is the requirement for genuine material revealing public interest and administrative exigency for transfers, and the inadmissibility of clubbing previ....
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
Transfer orders in government service must be made in public interest and administrative exigencies, and modifications to such orders require valid justification; courts will not interfere unless the....
Transfers should be made based on genuine public interest and administrative exigencies, and not on extraneous considerations or recommendations of elected representatives.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.
A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.
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