STAY ON TRANSFER OF TEACHER : RAJASTHAN HIGH COURT

The Hon'ble High Court has quashed the transfer order of Teacher passed by the Education Department with detailed justification.

  

 

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

O R D E R

(1) S.B.CIVIL WRIT PETITION NO.2702/2016

Hanumanaram Vs. State of Rajasthan & Ors.

(2) S.B.CIVIL WRIT PETITION NO.99/2016

Murli Manohar Joshi Vs. State of Rajasthan & Ors.

Date of order : 30/05/2016

HON’BLE MR.JUSTICE SANDEEP MEHTA

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These two writ petitions involve a common controversy. The petitioners herein have approached this Court challenging their respective transfer orders issued by the respondent authorities posting them vice versa. Thus both the writ petitions are being considered together and decided by this common order. Hanumana Ram (Petitioner in S.B. Civil Writ Petition No.2702/2016) and Murli Manohar Joshi (Petitioner in S.B. Civil Writ Petition No.99/2016) are both, presently working as Sr. Teachers in the respondent Education Department. Hanumana Ram was initially appointed as a Teacher Grade III and was promoted to the post of Sr. Teacher in the subject of Science, vide order dated 17.12.2014. Vide order dated 23.02.2015, he was provided posting at Government Sr. Secondary School, Mandli, Balotra, District Barmer. Before this, he was working at the Government Upper Primary School, Dindawa, Chohtan. In compliance of the order dated 23.02.2015, Hanumana Ram was relieved from the School at Dindawa and was to join duties at the Government Sr. Secondary School, Mandli. However, Murli Manohar Joshi was already working as a Sr. Teacher (Science) at the Government Sr. Secondary School, Mandli from 16.09.2004 onwards and thus, the concerned Principal taking recourse to the guidelines dated 18.12.2015 issued by the Director, Secondary Education, Bikaner, relieved him for being posted elsewhere by order dated 23.12.2015. Shri Murli Manohar Joshi has challenged the said order dated 23.12.2015 by filing writ petition No.99/2016. In the writ petition filed by Murli Manohar Joshi, this Court, by order dated 07.01.2016, stayed the operation of the order dated 23.12.2015 whereby, he was relieved from the Government Sr. Secondary School, Mandli. Pursuant thereto, the respondents issued an order dated 23.02.2016 and transferred the petitioner Hanumana Ram from the Government Sr. Secondary School, Mandli to the Government Sr. Secondary School, Bhagda, Block Siwana, District Barmer. The said order is challenged by Hanumana Ram in S.B. Civil Writ Petition No.2702/2016. I have heard the arguments advanced by the learned counsel for the parties and have gone through the material available on record.  The  Petitioner Murli Manohar Joshi has based his relief on the order/ guidelines dated 30.04.2015 issued by the State Government whereas Hanumana Ram’s claim is based on theorder dated 18.12.2015 issued by the Director, Secondary Education, Bikaner. This Court has already examined the scope, ambit and field of operation of the State Government’s guidelines dated 30.04.2015 vis-a-vis the Director’s order dated 18.12.2015 in the case of Smt. Poonam Kanwar vs. State of Rajasthan & Ors (SB Civil Writ Petition No.442/2016) and has held that the field of operation of the two orders/ guidelines is totally different. Having examined, the gamut of facts available on the record of the two writ petitions in light of the judgment passed by this Court in the case of Smt. Poonam Kanwar (supra), this Court is of the firm opinion that as Murli Manohar Joshi was holding on to the post of Sr. Teacher (Science) at Mandli school for a sufficiently long period of time, the authorities were totally justified in relieving him from the said post so that the petitioner Hanumanram could be allowed to join there. Consequently, there is no merit in the writ petition (99/2016) filed by Murli Manohar Joshi which is hereby dismissed. Stay application (93/2016) also stands rejected. The stay order dated 07.01.2016 passed in favour of Murli Manohar Joshi is hereby revoked. The respondents shall, provide appropriate posting to the petitioner Murli Manohar Joshi as, with the  Rejection of the writ petition, and the revocation of the stay order, the order dated 23.12.2015 whereby, Murli Manohar Joshi was relieved, has again become effective. The writ petition (2702/2016) filed by Hanumana Ram deserves to be and is hereby allowed. The order (Annexure-7) dated 23.02.2016 whereby, the petitioner Hanumana Ram was transferred from the Government Sr. Secondary School, Mandli, Balotra, District Barmer to the Government Sr. Secondary School, Bhagda, Block Siwana, District Barmer is quashed and set aside. Stay application (2385/2016) stands disposed of. No order as to costs. A copy of this order be placed in each file.

 

(SANDEEP MEHTA),J.