IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.6333 of 2010 DATE OF DECISION : AUGUST 10, 2010 MRS. BINA DEVI ....... PETITIONER(S) VERSUS THE SECRETARY, DEPARTMENT OF EDUCATION, PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Ms. Jyoti Chaudhary, Advocate, for the petitioner(s). Mr. BS Chahal, DAG, Punjab. AJAI LAMBA, J. (Oral) 1. This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to take a decision on legal notice dated 18.4.2009 (Annexure P-4). The petition further seeks a direction to the respondents to consider the period between 9.1.2008 to 4.7.2008 as the period spent on duty and grant all consequential benefits for the said period to the petitioner. 2. It transpires that the petitioner has been serving as a Hindi Teacher. The petitioner was transferred from Government Middle School, Behrampur, District Fatehgarh Sahib to Government High School, Khumba Civil Writ Petition No.6333 of 2010 2 Heri, District S.A.S. Nagar, in December, 2007. The petitioner found that there was no post of Hindi Teacher available in Government High School, Khumba Heri, District S.A.S. Nagar and, therefore, the petitioner was not allowed to join duty in the said school. Letter dated 8.1.2008 issued to the Director, Education Board (S), Punjab, has been placed on record as Annexure P-1, which clearly states, in the context of transfer of the petitioner as Hindi Teacher, that there is no seat of Hindi Teacher vacant in Government High School, Khumba Heri, District S.A.S. Nagar. 3. It has been pleaded that the petitioner paid a number of visits to the office of the Director, Public Instructions, requesting that the petitioner be allowed to serve. Finally, the petitioner was allowed to join in Government High School, Phago Majra, District S.A.S. Nagar, on 4.7.2008. Communication dated 30.4.2008 (Annexure P-2) reads as under:- “As per the order passed by Director, Education Department No.10/82-2007-2-1 dated 20.12.2007 vide which Smt. Bina Devi Hindi Teacher Government High School, Behrampur, District Fatehgarh Sahib was transferred to Government High School, Khumba Heri, cannot be joined due to non-availability of vacancy. Now she is adjusted in Government High School, Phago Majra, District SAS Nagar against the vacancy (on her request). 2. This order may please be implemented with immediate effect.” 4. Shri Sukhwinder Singh, Director, Public Instructions (Secondary Education), Punjab, is present in court and states that overlapping orders were issued at the level of Director, Public Instructions/Director, Education and even at the level of Secretary, Civil Writ Petition No.6333 of 2010 3 Education. In view of such orders, a condition was incorporated in the orders of transfer to the effect that the order of transfer would be subject to availability of vacancy and also subject to the condition that the post had not been declared surplus. Now, the necessary amends are being made in the procedure and one centralized data is being maintained to avoid hardship to the employees. 5. Shri Sukhwinder Singh further states that in the case of the petitioner, such a situation had arisen because the place where the petitioner had been posted; namely, Government High School, Khumba Heri, District S.A.S. Nagar, the post of Hindi Teacher was not vacant and, therefore, hardship has been caused to the petitioner. 6. Shri Sukhwinder Singh further states that the petitioner would be considered as having served the respondents with effect from 9.1.2008 to 4.7.2008. Consequential benefits would also be given. 7. In view of statement given on behalf of the respondents, this petition has been rendered infructuous and is disposed of as such. August 10, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?