Punjab-Haryana High Court
Chhinder Kaur vs State Of Punjab And Others on 5 December, 2023
Author: Sanjeev Prakash Sharma
Bench: Sanjeev Prakash Sharma
119 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2023:PHHC: 154734
CWP-27327-2023
Date of Decision: 05.12.2023
Chhinder Kaur ...Petitioner
Vs.
State of Punjab and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present Mr. Nitesh Singla, Advocate for the petitioner.
SANJEEV PRAKASH SHARMA, J.(Oral)
1. The petitioner by way of this writ petition assails the transfer
order by which she has been transferred from GPS, Kutti, Block Gurharsahai
to GPS, Sanur, Block Zira, District Ferozepur.
2. Learned counsel submits that the petitioner's husband is also
working in the same block and, therefore, keeping in view the transfer policy
of keeping the husband and wife together, the order of posting out to another
block is unjustified. It is also stated that false complaints have been lodged
against the petitioner with the sole purpose to transfer her. The GPS, Sanur is
80 kms away from the residence of the petitioner. Learned counsel for the
petitioner has also cited the Teacher Transfer Policy, 2019, issued by the
Governor of Punjab, to submit that transfer could not have been made in
between and the policy also requires the husband and wife to be kept at the
same place. Transferring the petitioner to different block has resulted in
causing hardship as it is 80 kms away from her home.
3. I have considered the submissions.
RAJESH KUMAR
2023.12.07 14:30
| attest to the accuracy and authenticity
of this order/judgment, Punjab &
Haryana High Court, Chandigarh.
CWP-27327-2023 [2] 2023:PHHC: 154734
4. This Court finds that the residents of village have sent a
representation to the Office of the District Education Officer on 22.06.2023
complaining about the mode and manner of constitution of SMC Committee
of persons whose children were not studying in the school. The Block
Primary Education Officer also stated that inquiry is to be conducted with
regard to said allegations. The Teacher Transfer Policy, 2019, although has
been issued by the Governor of Punjab with a purpose to protect academic
interest of students and also provide maximum job satisfaction amongst the
employees in fair and transfer manner, but the same cannot be said to be
enforceable in law. Even otherwise, the exigency of service demands a
person to be posted at any place. If the difficulty is lying with regard to the
husband being separately staying, efforts can also be made to transfer the
husband. Be that as it may, in the present case, both husband and wife are
posted in the same district though in different blocks, the same would,
therefore, not be said to be causing harassment to them.
5. Having noticed above, this Court does not find any reason to
interfere with the transfer order impugned in the writ petition. The writ
petition is accordingly dismissed.
6. All pending misc. application(s) also stand disposed of.
(SANJEEV PRAKASH SHARMA)
JUDGE
05.12.2023.
rajesh
1. Whether speaking/reasoned? : Yes/No
2. Whether reportable? : Yes/No
RAJESH KUMAR
2023.12.07 14:30
| attest to the accuracy and authenticity
of this order/judgment, Punjab &
Haryana High Court, Chandigarh.
