IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 7714 of 2010. Decided on: 26.08.2011. ___________________________________________ Leela Devi. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Petitioner : Mr. Sanjeev Bhushan, Advocate. For the Respondents : Mr. R.P. Singh, Assistant Advocate General for respondents No.1 to 4. Mr. Sunny Datwalia, Advocate vice Ms. Ranjana Parmar, Advocate for respondent No.5. Rajiv Sharma, Judge: Petitioner was transferred to Government Primary School, Nagri from Government Primary School, Tikkar Kohan. She joined her duties there on 17th February, 2009. Now the petitioner has been transferred from Government Primary School, Nagri vide office order dated 15th November, 2010 to 1 Whether the reporters of Local Papers may be allowed to see the judgment? No. - 2 - Government Primary School, Tangri (Nankhari) and respondent No.5, who was under transfer from Government Primary School, Sanjauli to Government Primary School, Tangri (Nankhari), has been adjusted at Government Primary School, Nagri. 2. Mr. Sanjeev Bhushan, learned counsel for the petitioner has strenuously argued that his client has not been permitted to complete her normal tenure of 3 to 5 years at Government Primary School, Nagri. He then contended that transfer of the petitioner is neither in public interest nor the administrative exigencies of service and the same has been ordered to accommodate respondent No.5, who was under transfer from Government Primary School, Sanjauli to Government Primary School, Tangri (Nankhari). 3. Mr. R.P. Singh, learned Assistant Advocate General has argued that there is no illegality in the transfer order since the petitioner has remained in and around the radius of 25 Kms. for the last six years. 4. Mr. Sunny Datwalia, Advocate appearing vice Ms. Ranjana Parmar, learned counsel for respondent No.5 has argued that there is no illegality in office order dated 15th November, 2010. He then argued that the J.B.T. is a district cadre and the petitioner is bound to obey the transfer order. - 3 - 5. I have heard learned counsel for the parties and gone through the pleadings carefully. 6. Petitioner has joined her duties at Government Primary School, Nagri only on 17th February, 2009. She has not been permitted to complete her normal tenure of 3 to 5 years at Government Primary School, Nagri. It is evident from the contents of Annexure P-1 that office order dated 15th November, 2010 has been issued to accommodate respondent No.5, who was under transfer from Government Primary School, Sanjauli to Government Primary School, Tangri. It is the prerogative of the employer to transfer an employee in the larger public interest. However, the power to transfer is coupled with the duty to ensure that there is no unreasonableness, arbitrariness in their action. The fact that the petitioner has remained posted within the radius of 25 Kms., was within the knowledge of the respondent- department when she was posted at Government Primary School, Nagri. The State cannot be oblivious to the disruption of studies of the children when the teachers are transferred from one school to another school. The transfer of the petitioner from Government Primary School, Nagri to Government Primary School, Tangri (Nankhari) is neither in the public interest nor administrative exigency of service and the same is outcome of colourable exercise of power to - 4 - accommodate respondent No.5 at Government Primary School, Nagri. 7. Accordingly, in view of the observations and discussions made hereinabove, the writ petition is allowed. Annexure P-1, date 15th November, 2010 is quashed and set aside. Respondents No.1 to 4 are directed to permit the petitioner to discharge her duties at Government Primary School, Nagri till she completes her normal tenure of 3 to 5 years. Respondent No.5 shall be relieved forthwith. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. August 26, 2011. (sck).