High Court of Punjab and HaryanaCWP/20999/2016allowed

Hari Om v. State Of Haryana And ORS

2018-08-02Mrs. Justice Raj Rahul Garg2 pages

CWP No. 20999-2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 20999 of 2016 Date of decision : 02.08.2018 Hari Om

...Petitioner

versus State of Haryana and ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. J.L. Goyal, Advocate, for the petitioner. Mr. Kiran Pal Singh, A.A.G. Haryana **** RITU BAHRI , J. (Oral) The present petition is for issuance of writ in the nature of certiorari quashing the impugned order of transfer dated 17.09.2016 (P-5) whereby petitioner has been transferred from Government Primary School, Jhinjjar, Block Baund Kalan, District Bhiwani to Government Primary School Bidhwan, Block Siwani, District Bhiwani Petitioner who was appointed as JBT Teacher with respondentdepartment on 12.07.2004, applied for transfer at different places within the District, but zone wise, in view of policy instructions (P-1 and P-2). The petitioner who opted to be transferred to Government Girls Primary School, Ranila was rejected on the ground that his age is less than 50 years. But on the contrary, respondent No.

3 is ordered to be transferred by way of manual order dated 17.09.2016 against a deemed vacancy despite his age being less than 50 years of age. Even petitioner has secured 39.3977 marks as per criteria given in the policy and respondent No. 3 secured 34.5918 marks. In the reply filed by the respondents, the above said facts have Gaurav Arora 2018.08.

CWP No. 20999-2016 not been disputed. It has been stated that some teachers who were below 50 years have been given station but it is a temporary arrangement. In view of the above factual position, the present petition is allowed and order of transfer dated 17.09.2016 (P-5) is quashed and a direction is given to the respondents to adjust the petitioner at Government Girls Primary School, Ranila, District Bhiwani forthwith from the date of receipt of certified copy of this order, being higher in merit to respondent No. 3.

02.08.2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.08.08 16:22 I attest to the accuracy and integrity of this document Chandigarh