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2012 DIGILAW 631 (HP)

Madhu Deshta v. State of Himachal Pradesh

2012-09-26

DEEPAK GUPTA, RAJIV SHARMA

body2012
JUDGMENT Per Rajiv Sharma, J. Petitioner is aggrieved by the order dated 21.9.2012 whereby she has been transferred from Government Senior Secondary School, Rajhana to Government Senior Secondary School, Janedghat. Petitioner is working as Lecturer in the subject of Political Science in the respondent-Department. She remained posted in Government Senior Secondary School, Sanjauli with effect from 15.10.1994 to 15.9.2004, in Government Senior Secondary School, Theog, Shimla with effect from 16.9.2004 to 31.5.2005, Government Senior Secondary School, Sanjauli with effect from 31.4.2005 to 3.3.2010. She was transferred to Government Secondary School, Beolia vide office order dated 3.3.2010. Thereafter she was transferred from Government Senior Secondary School, Beolia to Government Senior Secondary School, Chail vide office order dated 31.8.2010. She assailed this order by way of filing CWP No. 5474/2010. It was disposed of by the learned Single Judge on 29.10.2010. Petitioner was permitted to make a representation. She made representation and ultimately petitioner was transferred to Government Senior Secondary School, Rajhana on 16.11.2010. She joined her duties on 19.11.2010. Now, she has been transferred from Government Senior Secondary School, Rajhana to Government Senior Secondary School, Janedghat vide office order dated 20.9.2012. 2. Mr. P.P. Chauhan has vehemently argued that petitioner has not been permitted to complete normal tenure of three years in Government Senior Secondary School, Rajhana. According to him, petitioner has only worked in Government Senior Secondary School, Rajhana for a period of one year and ten months. He also argued that petitioner has been transferred to accommodate private respondent, who was on promotion transferred to Government Senior Secondary School, Janedghat on 20.7.2012. 3. What emerges from the facts enumerated hereinabove is that petitioner has remained posted in and around Shimla with effect from 15.10.1999 except for a short stay in Government Senior Secondary School, Theog with effect from 16.9.2004 to 31.5.2005. She has served for almost five years in Government Senior Secondary School, Sanjauli with effect from 31.4.2005 to 3.3.2010. She was transferred to Government Senior Secondary School, Beolia on 3.3.2010. Government Senior Secondary School, Beolia is in the periphery of Shimla town. She has worked in Government Senior Secondary School, Beolia with effect from 4.3.2010. She was transferred to Government Senior Secondary School, Rajhana on 16.11.2010. Now, the petitioner has been transferred from Government Senior Secondary School, Rajhana to Janedghat. Petitioner has no indefeasible right to remain posted at particular place for indefinite period. She has worked in Government Senior Secondary School, Beolia with effect from 4.3.2010. She was transferred to Government Senior Secondary School, Rajhana on 16.11.2010. Now, the petitioner has been transferred from Government Senior Secondary School, Rajhana to Janedghat. Petitioner has no indefeasible right to remain posted at particular place for indefinite period. She has remained posted for almost seven years at Sanjauli, Beolia and Rajhana. 4. Transfer is an incidence of service. The scope of judicial review in these matters is very limited. The Court may intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. In the instant case the transfer order is purely administrative order. There is no arbitrariness or unreasonableness in the same. Petitioner has not given in the writ petition material particulars about her postings except mentioning that she was posted at Sanjauli and Theog before being posted at Beolia. She ought to have given complete details of her postings/transfer in the petition. The details of the postings of the petitioner have been taken by us from the judgment of the learned Single Judge rendered in CWP No.5475/2010. Litigant cannot be permitted to give facts according to his/her convenience. All the material/essential particulars are required to be given in the petition, more particularly, the petitions pertaining to transfer. Petitioner has not given the details of the postings of private respondent. Respondent No.3 has been transferred to Government Senior Secondary School, Janedghat on promotion on 20.7.2012 and has been transferred to Government Senior Secondary School, Rajhana on 21.9.2012. In normal circumstances, we would have intervened in the matter; however, taking into consideration the overall stay of the petitioner in and around Shimla for more than seven years, we would not like to exercise our discretionary jurisdiction. 5. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.