Himachal Pradesh High Court stays teacher’s transfer order issued on MLA’s recommendation

Legal Correspondent

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Shimla, January 18

The HP High Court today stayed the transfer order of a teacher issued by the Education Department on the recommendation of the Doon MLA.

While staying the transfer order, Vacation Judge Justice Bipin Chander Negi observed, “Transfers made on the basis of recommendation notes issued at the behest of political functionaries, who have nothing to do with the functioning of the Administrative Department, have been the subject matter of a controversy before this court on numerous occasions. The said practice has been deprecated.”

The court passed the interim order on a petition filed by Dev Raj, Central Head Teacher at Government Primary School, Bhud, Educational Block Ramshehar in Solan district, who contended that he had been transferred to Patta Mehlog in Solan on political grounds, extraneous reasons and with malafide intentions at the behest of Doon MLA Ram Kumar just to accommodate other teacher.

The petitioner contended that the transfer order dated January 10, 2024, was issued purely on the basis of the MLA’s recommendation and there was no administrative exigency and public interest involved in the matter. There was no departmental proposal to transfer the petitioner.

The main contention of the petitioner was that he had been transferred at the behest of a political functionary, who had nothing to do with the functioning of the Administrative Department. While passing the interim order, the court also issued a notice to the Secretary and the Director of the Elementary Education Department and directed them to file their replies within four weeks.