HC rejects HP teacher’s plea against her transfer

Shimla: While dismissing a petition filed by a female teacher to challenge her transfer, the high court of Himachal Pradesh observed that an aggrieved employee can always come to the court for relief, but the only thing a court expects is that the employee would come with “clean hands.” A bench of Justice Ajay Mohan Goel on June 18 said that primarily, the court interferes with transfer orders in case an incumbent is not allowed by the department to complete his or her normal tenure at a station.However, for this, the court also takes into consideration the incumbency of an employee because it is a known fact that in order to serve within a defined area, mutual transfers are ordered by the employer at the behest of interested employees, he added.
A female teacher from Kangra district had filed the petition, challenging her transfer from Government Primary School, Sansarpur, to Government Primary School, Kasba Kotla. The petitioner was serving as a centre head teacher. During the course of hearing, the court came to know that the fact that the petitioner had served for the last 30 years within a radius of 12 kms was concealed from the court.
“This petition is dismissed and further, cost of Rs 20,000 is imposed upon her for not coming to the court with clean hands,” the court said.