Disposed

Salommi Verma v. State

Himachal Pradesh HC15 Dec 2010CWP/5466/2010

Case brief

AI extract

What is this about?

In a transfer dispute involving a JBT teacher, the court disposed of the writ petition by directing the authorities to review the case within two weeks after the petitioner submits a representation and ensures a hearing to all parties.

What did the court decide?

Direction to authorities to look into the matter within two weeks after receiving petitioner's representation and hearing all parties.

Salommi Verma Vs State — Landlord and Tenant | Himachal Pradesh HC (2010)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No. 5466 of 2010

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Date of decision: 15.12.2010

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Salomi Verma. .....Petitioner.

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Versus

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The State of H.P. & others. .....Respondents. Coram

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The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No.

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________________________________________________________________ For the petitioner: Mr. K.B. Khajuria, Advocate. For the respondents: Mr. Anil Jaswal, Deputy Advocate General, for respondents No. 1 to 3. Mr. Arvind Jaryal, Advocate, for respondent No. 4. None for respondent No. 5.

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V.K. Sharma, J. (Oral).

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The petitioner is a JBT teacher. Lastly, she was posted in Government Primary School, Dharog, Block Chamba. She has been transferred to GPS Jot-Ki-Kothi in the same Block vide private respondent No. 5, apparently with a view to adjust respondent No. 4, who was under transfer from GPS Kariana, Block Mehla-II to GPS Chhatrari, in the same block in place of the petitioner in GPS Dharog, Block Chamba. Being aggrieved, she has filed the present

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1 Whether reporters of Local Papers may be allowed to see the judgment? No.

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...2...

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petition on the following averments set up vide para 4:

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“That pursuant to the communication dated 26.8.2008 issued by the respondent No. 2 the petitioner has been ordered to be transferred, though there was no proposal with the respondent No. 3 to transfer the petitioner. The transfer order has been effected without TTA though the petitioner never made a request for her transfer and it appears that the respondent No. 4 has manipulated the request of the petitioner and managed her transfer in place of the petitioner.”

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Against the above backdrop, the petition has been filed

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for grant of following relief:

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“That this writ petition may kindly be allowed and writ in the nature of certiorari may be issued and the impugned order passed by the respondent department dated 27.8.2010, Anenxure P-1 may be quashed and set aside.”

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In reply, on behalf of respondents No. 1 to 3, the

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following stand has been taken vide para 3:

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“3. That the contents of this para are not admitted to the extent that the petitioner is a JBT, who has the District cadre, therefore, she can be transferred anywhere within District Chamba. It is submitted that the transfer of the petitioner from Govt. Primary School, Darog to Govt. Primary School, Jot-ki-kothi Block Chamba vide respondent No. 5 has been made with the prior approval of the competent authority after clubbing stay of the petitioner. It is further submitted that the petitioner has been serving for the last 10 years within the radius of 20 KM. The say of the petitioner in Chamba town within 20 KM is as under:-

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(i) GPS, Karian 28-1-99 to 25-03-2001 (ii) GPS, Gagia. 2-5-2001 to 1-7-08 (iii) GPS Dharog 2-7-2008 till date.”

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A perusal of the impugned order of transfer dated 27^th August, 2010, Annexure P-1, would go to show that as if the petitioner had made a request for transfer and on this score she has

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...3...

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been transferred from GPS Dharog to GPS Jot-ki-kothi vice respondent No. 5 without Transfer Traveling Allowance (TTA), which, as per the petitioner, is not factually correct.

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In view of the above, the petition is disposed of with a direction to respondents No. 1 to 3/competent authority that subject to the petitioner making a representation within two weeks from today the said respondents/competent authority shall look into the matter within next fortnight and take a final decision in accordance with law and justice after affording an opportunity of being heard to the petitioner and private respondents No. 4 and 5.

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Interim order dated 3^rd September, 2010, shall continue till then. 7. The petition stands disposed of, so also the pending CMP(s), if any.

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(V.K. Sharma) Judge

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15^th December, 2010 (virender)

Salommi Verma v. State

Case brief

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What did the court decide?

Salommi Verma v. State

Case brief

What is this about?

What did the court decide?

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