IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. No. 2958 of 2011. Reserved on: 17.06.2011. Decided on: 18.06.2011. _____________________________________________________ Teja Sharma. …Petitioner. -Versus- State of Himachal Pradesh and Others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Dr. Lalit K. Sharma, Advocate. For respondents No. 1 to 3. : Mr. R.P. Singh, Assistant Advocate General. For respondent No. 4. : Mr. Sanjeev Kumar, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Petitioner was transferred from Government Primary School, Chhatru to Government Primary School, Sakroha. She joined her duties at Government Primary School, Sakroha on 24.04.2010. She has been transferred vide office order dated 30.04.2011 (Annexure P-1) from Government Primary School, Sakroha to Government Primary School, Shala-Nishar vice respondent No. 4 Yadwinder. 2. Dr. Lalit K. Sharma, learned counsel for the petitioner has strenuously argued that the petitioner has been transferred without permitting her to complete her normal tenure of three years at Government Primary School, Sakroha. He also argued that the petitioner has been transferred from Government Primary School, Sakroha to Government Primary 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - School, Shala-Nishar in order to accommodate respondent No. 4. 3. Mr. R.P. Singh, learned Assistant Advocate General has vehemently argued that the previous tenure of the petitioner has been clubbed while transferring her from Government Primary School, Sakroha to Government Primary School, Shala- Nishar. 4. Mr. Sanjeev Kumar, learned counsel for respondent No. 4 has strenuously argued that since the petitioner has remained posted within a radius of 15 kms. from Government Primary School, Sakroha, there is no illegality in the order dated 30th April, 2011, whereby the petitioner has been transferred to Shala-Nishar. 5. I have heard the learned counsel for the parties and gone through the pleadings carefully. 6. Petitioner has only joined her duties at Government Primary School Sakroha on 24.04.2010. As per the professed norms, the normal tenure for a teacher to remain posted at a particular station is 3 to 5 years. The underlined principle to retain a teacher at a particular place for 3 to 5 years is to maintain continuity and to avoid disruption in the studies of the students. There is no reason discernable from the material placed on record why the petitioner has been transferred after a period of one year and three months from Government Primary School, Sakroha, except that the petitioner’s previous tenure has been clubbed together. The respondents knew at the time when the petitioner was posted at Government Primary School, Sakroha that she has remained within the vicinity of 15 kms. - 3 - from Government Primary School, Sakroha. Despite that, the petitioner has been transferred to Government Primary School, Sakroha. It is evident from the contents of Annexure P-1, dated 30.04.2011 that respondent No. 4 has been transferred without T.T.A., which suggests that the transfer of the petitioner has been effected on the basis of request made by respondent No. 4. It is for the employer to see where a particular employee should be posted, however, it is equally true that while undertaking this exercise, there should be neither arbitrariness nor unreasonableness. The power to transfer an employee is coupled with his duty to ensure fairness. 7. Consequently, the petition is allowed. Annexure P-1, dated 30th April, 2011, whereby the petitioner has been transferred from Government Primary School, Sakroha to Government Primary School, Shala Nishar is quashed and set aside qua the petitioner. Respondents No. 1 to 3 are directed to permit the petitioner to complete her normal tenure at Government Primary School, Sakroha. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma) Judge June 18, 2011. (bhupender) - 4 - `