Shimla Aug 26
Disapproving the practice of influential teachers forming a cartel to ensure postings in and around district and tehsil Headquarters, Himachal Pradesh High Court has asked the state Government to transfer such teachers outside the district and Tehsil headquarter who have served there for a long time.
Division Bench comprising Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua,
made these observations and while hearing a writ petition filed by one Sheela Suryavanshi Lecturer, challenging her transfer from GSSS, Sanjauli to GSSS, Theog.
The petitioner had alleged that she was transferred on the basis of D.O. Note obtained by respondent Rita Chauhan, that too during the clear cut ban imposed by the State Government on transfers.
The Court observed that both the petitioner as well as respondent, despite holding a State Cadre Post, remained posted in and around Shimla throughout their entire service career and it could not have been possible without the active support of the official respondents.
The Court said that there has been a spike in cases relating to transfer and majority of these cases pertain to the Education Department and it is for this precise reason that the Court in an earlier writ petition, decided on Mar 18, 2020 had recommended the State Government to implement online transfer in its Departments, Boards, Corporations etc. having over 500 employees by framing an online transfer policy on similar line as that of the adjoining State of Haryana.
The Court further said that granting indulgence to any of the parties in this case would be causing manifest injustice to other teachers who are desirous of serving in Shimla and other district and tehsil headquarters but have failed mainly because of the cartel formed by the influential teachers like the parties in the instant case.
Disposing of the petition, the Court directed the respondent State to transfer both the petitioner and respondent outside their home district(s) within two weeks’ and to ensure that it should be a meaningful transfer and not mere adjustment.
The HC also asked the State Government to ensure that maximum number of teachers, especially those whose children are to appear in the Board examination and examination for professional courses, are afforded an opportunity to serve in the District and Tehsil headquarters or wherever requisite infrastructure like adequate band width, facility of tuition etc., are available should be posted and transferred giving opportunity to those who
are serving outside the Dist & Teh headquarter for long time.
The Court listed the matter for compliance on Sep, 10, .2020.