IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3110 of 2010 Date of Decision: 31.5.2011 Ramesh Yadev …Petitioner. Versus. State of H.P. and another … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the Petitioner: Ms. Ranjana Parmar, Advocate. For Respondent No. 1: Mr. Vivek Thakur, Addl. A.G. For Respondents No. 2: Mr. V.B.Verma, Advocate. Deepak Gupta, J.(Oral). 1. The petitioner by means of this petition has challenged the order whereby he was transferred from Government College Bassa, District Mandi to Government College Nagrota Bagwan, District Kangra. 2. Briefly stated the facts of the case are that the petitioner who was serving in Government College, Mandi was transferred to Government College, Bassa on 21.4.2008 and joined duties there on 3.5.2008. On 3rd October, 2009 the respondent-State offered appointment on contract basis to respondent No.2 and other persons as Lecturers and on the same date one post of Lecturer 2 (Zoology) was transferred from Govt. College Barsar to Government College Bassa and respondent No.2 was adjusted in Government College Bassa on 12th October, 2009. Thereafter on 29th May 2010 the Government issued a notification whereby one post of Government College Bassa was kept in abeyance and declared as surplus and thereafter the petitioner was transferred to Government College Nagrota Bagwan. The grievance of the petitioner is that the contract employee should have been transferred and since he had not completed his normal tenure of service at Bassa, he should not have been transferred. 3. The stand of the State Government is that due to rationalization the post at Bassa became surplus. On 28.4.2011 this Court directed the Principal Secretary (Education) to file a detailed affidavit. The order reads as follows:- “The Principal Secretary (Education) is directed to file an affidavit stating therein that the guidelines which were in existence when additional post of Lecturers (Zoology) in Government College, Bassa was created and one post of Zoology was shifted to Government College, Bassa from Government College, Badsar. In this affidavit, he will clearly state what was the strength of students who are studying in Government College, Bassa. Alongwith this affidavit, the Principal Secretary (Education) shall also place on record the decision taken by the government reviewing its earlier decision, as well as the earlier decision which was allegedly reviewed. In this affidavit, the Principal Secretary ( Education) shall also clearly state as to 3 what was the strength of students studying in Zoology in Government College, Nagrota Bagwan and Government College, Dehri and Government College, Dhaliara. The strength of the students, as well as the strength of lecturers/professors of Zoology in Government College, Mandi and Government College, Dharamshala shall also be clearly mentioned. The affidavit be filed within two weeks from today. List on 16th May, 2011.” 4. In compliance to this order the Principal Secretary filed an affidavit, relevant portion of which reads as follows:- “2. That the additional post of Lecturer in Zoology was provided through rationalization as per the guidelines/norms annexed as annexure R-1 vide which it has been decided that at least two lecturers be provided in Zoology keeping in view the class wise theory and practical periods. Inspite of that decision, it has come to the notice of the authority that some colleges remained without lecturer as per their requirement. Therefore, the Government reviewed its earlier decision and it was decided that two lecturers will be provided only to those colleges where students enrollment is more than 30 in the subject in all of the three classes. It was also decided to start Science classes in other colleges to give the science education to the students. Accordingly, science classes have been started in GC Nagrota Bangwa and GC Barsar, etc. Keeping in view the low students enrollment in GC Bassa, one post of lecturer zoology was shifted. The copy of the decision is annexed as annexure R-2. 3. That the strength of students in the subject of Zoology was 22 in October 2009 in GC Bassa.” 4 5. Counter affidavit has been filed and it is stated that now the strength of the students at Government College, Bassa is 32. It is not the strength at present which is to be taken into consideration but the strength at the time of transfer of the petitioner is to be considered. At that time there were less than 25 students at Govt. College, Bassa and therefore, there was no need to keep two lecturers at that time. It would, however, be pertinent to mention that after the transfer of the petitioner was stayed by this Court one Shri Rajesh Kumar, Lecturer in Government College, Dharamshala was transferred to Govt. College Nagrota Bagwan and the petitioner was transferred to Government College, Nahan against vacant post. Since Shri Rajesh Kumar has already joined at Nagrota Bagwan and the petitioner has also completed three years at Bassa this petition is disposed of with a direction to the respondent- State to now issue fresh orders of posting of the petitioner keeping in view the situation as on date and the needs and requirement of the State. Needful be done within one month from today. No costs. 31st May, 2011. ( Deepak Gupta ) ™ Judge.