Disposed

Tp Singh v. Delhi Sikh Gurudwara Management Committee & Ors.

Delhi HC5 May 2011W.P.(C)/4869/2010

Case brief

AI extract

What is this about?

This writ petition challenged a transfer order against a teacher. The court disposed of the petition by directing that no transfer occur unless it complies with the seniority-based procedure established in connected cases Meher Bala Malik and others.

What did the court decide?

Directed that the petitioner shall not be transferred save in accordance with the seniority-based procedure laid down in previous orders.

Tp Singh Vs Delhi Sikh Gurudwara Management Committee… — Education and Admissions | Delhi HC (2011)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 5^th May, 2011

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+ WP(C) NO.4869/2010

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T.P. SINGH ..... Petitioner

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Through: Mr. Rajkumar Sherawat, Advocate

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Versus

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DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE & ORS. ..... Respondents Through: Ms. Manpreet Kaur Bhasin, Adv for R-1 and 2. Ms. Reeta Kaul and Mr. S.Khatri, Advs. for R-3. Mr. T.C. Vats for DEO, Zone-14.

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CORAM :-

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HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

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1.	Whether reporters of Local papers may be allowed to see the judgment?		No
2.	To be referred to the reporter or not?	No
3.	Whether the judgment should be reported in the Digest?	No

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RAJIV SAHAI ENDLAW, J.

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The petitioner working as a teacher with the respondent no.2 Guru Harkishan Public School, Fateh Nagar, Delhi has preferred this petition impugning the Office Order dated 28^th June, 2010 of the respondent no.1

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W.P.(C) No.3022/2010 Page 1 of 3

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Delhi Sikh Gurdwara Management Committee of transfer of the petitioner from Guru Harkishan Public School, Fateh Nagar, Delhi to Guru Harkishan Public School, Loni Road. Notice of the petition was issued and the operation of the order dated 28^th June, 2010 stayed. A counter affidavit has been filed by the respondent no.3 Directorate of Education inter alia stating that they are not involved in any way with the transfer order.

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The counsel for the petitioner and the counsel for the respondents no. 1 and 2 have invited attention to the judgment dated 20^th April, 2011 in WP(C)971/2011 filed by the petitioner alongwith some other teachers also working in Guru Harkishan Public School, Fateh Nagar, Delhi. In the said judgment it was recorded that the Directorate of Education had vide order dated 11^th April, 2011 de-recognized Guru Harkishan Public School, Fateh Nagar, Delhi.

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The counsels have also invited attention to the orders dated 19^th April, 2011 and 25^th April, 2011 in WP(C) 12892/2005 titled Meher Bala Malik v. Delhi Sikh Gurudwara Management Committee and certain other connected writ petitions. The said writ petitions had also been filed by the teachers of Guru Harkishan Public Schools at Fateh Nagar, Nanak Piao and

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W.P.(C) No.3022/2010 Page 2 of 3

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Tilak Nagar impugning the orders of their transfer from one school to another. In fact while granting the interim relief in the present petition, mention was made of the interim orders in some of the said petitions. Those writ petitions were disposed of inter alia with the direction that transfers inter se the various Guru Harkishan Public Schools in Delhi will be permitted only after seniority list of all the teachers of all the Guru Harkishan Public Schools in Delhi is finalized as mentioned therein and after ensuring that none of the teachers/employees transferred suffer any prejudice in terms of employment and emoluments etc. on transfer.

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The counsel for the petitioner and the counsel for the respondents no. 1 and 2 states that the present writ petition be also disposed of similarly.

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Accordingly, this writ petition is disposed of with the direction that

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the petitioner shall not be transferred save in accordance with the procedure laid down in orders dated 19^th April, 2011 and 25^th April, 2011 in Meher Bala Malik (supra). No order as to costs.

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RAJIV SAHAI ENDLAW (JUDGE)

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MAY 05, 2011/M

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W.P.(C) No.3022/2010 Page 3 of 3

Tp Singh v. Delhi Sikh Gurudwara Management Committee & Ors.

Case brief

What is this about?

What did the court decide?

Tp Singh v. Delhi Sikh Gurudwara Management Committee & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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