T.P. Singh vs Delhi Sikh Gurudwara Management ...
2011 Latest Caselaw 2421 Del

           *IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                               Date of decision: 5th May, 2011

+                         WP(C) NO.4869/2010

T.P. SINGH                                                   ..... Petitioner
                          Through:      Mr. Rajkumar Sherawat, Advocate

                                     Versus

DELHI SIKH GURUDWARA MANAGEMENT
COMMITTEE & ORS.                              ..... Respondents
                 Through: Ms. Manpreet Kaur Bhasin, Adv for
                           R-1 and 2.
                           Ms. Reeta Kaul and Mr. S.Khatri,
                           Advs. for R-3.
                           Mr. T.C. Vats for DEO, Zone-14.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1.     Whether reporters of Local papers may                       No
       be allowed to see the judgment?

2.     To be referred to the reporter or not?                No

3.     Whether the judgment should be reported               No
       in the Digest?


RAJIV SAHAI ENDLAW, J.

1. The petitioner working as a teacher with the respondent no.2 Guru

Harkishan Public School, Fateh Nagar, Delhi has preferred this petition

impugning the Office Order dated 28 th June, 2010 of the respondent no.1

Delhi Sikh Gurdwara Management Committee of transfer of the petitioner

from Guru Harkishan Public School, Fateh Nagar, Delhi to Guru Harkishan

Public School, Loni Road. Notice of the petition was issued and the

operation of the order dated 28th June, 2010 stayed. A counter affidavit has

been filed by the respondent no.3 Directorate of Education inter alia stating

that they are not involved in any way with the transfer order.

2. The counsel for the petitioner and the counsel for the respondents no.

1 and 2 have invited attention to the judgment dated 20 th April, 2011 in

WP(C)971/2011 filed by the petitioner alongwith some other teachers also

working in Guru Harkishan Public School, Fateh Nagar, Delhi. In the said

judgment it was recorded that the Directorate of Education had vide order

dated 11th April, 2011 de-recognized Guru Harkishan Public School, Fateh

Nagar, Delhi.

3. The counsels have also invited attention to the orders dated 19 th April,

2011 and 25th April, 2011 in WP(C) 12892/2005 titled Meher Bala Malik v.

Delhi Sikh Gurudwara Management Committee and certain other

connected writ petitions. The said writ petitions had also been filed by the

teachers of Guru Harkishan Public Schools at Fateh Nagar, Nanak Piao and

Tilak Nagar impugning the orders of their transfer from one school to

another. In fact while granting the interim relief in the present petition,

mention was made of the interim orders in some of the said petitions. Those

writ petitions were disposed of inter alia with the direction that transfers

inter se the various Guru Harkishan Public Schools in Delhi will be

permitted only after seniority list of all the teachers of all the Guru

Harkishan Public Schools in Delhi is finalized as mentioned therein and after

ensuring that none of the teachers/employees transferred suffer any prejudice

in terms of employment and emoluments etc. on transfer.

4. The counsel for the petitioner and the counsel for the respondents no.

1 and 2 states that the present writ petition be also disposed of similarly.

5. Accordingly, this writ petition is disposed of with the direction that

the petitioner shall not be transferred save in accordance with the procedure

laid down in orders dated 19th April, 2011 and 25th April, 2011 in Meher

Bala Malik (supra). No order as to costs.

RAJIV SAHAI ENDLAW (JUDGE) MAY 05, 2011/M