Joginder Singh Vs Rajiv Sharma (HPHC)

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

 COPC No. 180 of 2010 Decided on: 6th September, 2010

Joginder Singh

Petitioner

Versus

Rajiv Sharma and another

Respondents

Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge

For the Petitioner: Mr. Sanjeev Bhushan, Advocate

For the Respondents: Mr. R.K. Sharma, Senior Additional Advocate General. Respondents are also present in person.

Justice Kurian Joseph, C.J. (Oral)

Director and Deputy Director of Elementary Education are present before us. The Director submits that the orders have been complied with. It is submitted that the delay occurred only on account of re-adjustment, the department had to make in the meanwhile. Having heard the respondents, we do not find any contemptuous conduct on their part. Therefore, the COPC is dismissed.

2. However, we may make a passing observation as to requirement of transparent and healthy policy in the matter of transfer of teachers. The department should avoid transfer during the middle of academic year. The deviation would only be in an extreme situation where it is extremely required to deviate. The department should ensure that a teacher once posted at a place is there at least for three academic years. The department should also ensure that in the event of teachers being transferred the transferred teacher joins duty only when the person occupying the post is relieved. The department should further ensure that the transfer is only on administrative grounds and not on the pressure from external quarters.

In order to ensure transparency, the department should frame policy regarding transfer, as above and should publish it so that there is no undue pressure for deviating from the policy. The policy, as above, shall be published within two months. It is made clear that this policy is to be exclusively framed for the department of Education since the question of administrative exigency occurs only very seldom in that department.

The petition stands disposed of, so also the pending application(s), if any.

Copy Dasti.

(Justice Kurian Joseph), Chief Justice

( Justice Kuldip Singh ),

September 6, 2010(K) Judge