HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 925 of 2009 (S/S) Ram Singh Bist …. Petitioner .. Versus State of Uttarakhand & others … Respondents Mr. S.K. Mandal, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondents. 16th November, 2009 Hon’ble Sudhanshu Dhulia, J. Heard Sri S.K. Mandal, Advocate for the petitioner as well as Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondents. The petitioner is a teacher in a primary school which is Government Primary School Jalikhan, Tehsil Bhikiasain in district Almora. The petitioner was initially appointed as a primary teacher in Government Primary School Jalikhan, Tehsil Bhikiasain in district Almora in the year 1997 and since then the petitioner is admittedly teaching in the same school. According to the petitioner, this school is in a remote hill area. Vide order dated 19.1.2009, the petitioner was transferred from Government Primary School Jalikhan, Bhikiasain to Government Primary Scholl Pantkotuli, Tarikhet in district Almora. However, the contention of the petitioner is that this order was not communicated to the petitioner and subsequently when orders were passed by the District Education Officer (Annexure nos. 2 and 3 to the writ petition) which were directions given to the authorities to relieve the petitioner, the petitioner was ultimately relieved from Government Primary School Jalikhan, Tehsil Bhikiasain on 10.8.2009 and on 11.8.2009 he joined the Government Primary School, Pantkotuli, Tarikhet. Vide order dated 2 2.9.2009 the earlier order of transfer dated 19.1.2009 as far as it relates to the present petitioner was cancelled and the petitioner was directed to join his earlier primary school i.e. Government Primary School Jalikhan, Bhikiasain. It is this order the petitioner has challenged before this Court. The contention of the petitioner is that he has already joined the Government Primary School Pantkotuli, Tarikhet on 11.8.2009 and his children have got admission and studying in Government Primary School Pantkotuli, Tarikhet and the order dated 2.9.2009 is absolutely arbitrary. Vide interim order dated 25.9.2009 this Court had directed status quo to be maintained by the parties. In the counter affidavit, the State contends that although the petitioner was transferred in January, 2009 he did not join his place of transfer and since the petitioner did not join, another teacher has been transferred in place of the petitioner and the transfer order dated 19.1.2009 of the petitioner has been cancelled. However, learned counsel for the petitioner states that the earlier place of posting i.e. the place where the petitioner was teaching happens to be a school with a single teacher and there was nobody to whom the petitioner could have given the charge. This fact has been also admitted by the State counsel. Logically since the petitioner could not handover the charge to any person, he could not be relieved from the school and as such did not join his new place of posting. This argument is further strengthened by the letter dated 31.7.2009 and 3.8.2009 (Annexure nos. 2 and 3 to the writ petition respectively) of the education authorities whereby directions have been given to the Assistant Teacher of a nearby school to take charge from the petitioner in order to enable him to join Government Primary School Pantkotuli, Tarikhet, Almora. Although the facts of the case leave many questions in as much as why the petitioner was transferred 3 from a school where there was only one teacher teaching particularly when no arrangement was made by the education authorities to substitute the petitioner in Primary School Jalikhan, Tehsil Bhikiasain. Therefore, in the first place, the transfer of the petitioner from Government Primary School Jalikhan, Tehsil Bhikiasain to Government Primary School Pantkotuli, Tarikhet does not appear to be sound. All the same, the petitioner was teaching in Government Primary School Jalikhan, Tehsil Bhikiasain for the last 12 years. This school, according to the petitioner, is in a remote area. Since there was no one to take charge from the petitioner, the petitioner could not be relieved from Government Primary School Jalikhan, Tehsil Bhikiasain and as soon as this arrangement was made the petitioner handover the charge and joined his new place of posting. Apparently there seems no fault on the part of the petitioner. Therefore, subsequent order passed by the education authorities on ground that the petitioner had failed to join his new school appears to be baseless. The writ petition, therefore, is allowed. Order dated 2.9.2009 (Annexure no. 6 to the writ petition) is quashed. Authorities are directed to pay the salary to the petitioner on his present place of posting, including the entire arrears within one month from the submission of certified copy of this order. However, on the peculiar facts as emerged from the case that initially the petitioner was transferred from a school which was under one teacher without there being any arrangement for another teacher to teach in this school, it is proper that a copy of this order be placed before the Secretary, Basic Education who shall take proper action against those officers who are responsible for not making the arrangement for posting of teacher in Government Primary School Jalikhan, Tehsil Bhikiasain. 4 Certified copy of this order shall be given free of charge to Sri N.P. Sah, Standing Counsel for the State of Uttarakhand in order that he may apprise Secretary, Basic Education of this order. (Sudhanshu Dhulia, J.) 16.11.2009 Avneet