LAWS(P&H)-2021-5-59

RENU BALA Vs. STATE OF PUNJAB

Decided On May 28, 2021
RENU BALA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The seven (07) petitioners, namely, [1] Renu Bala; [2] Lakhbir Singh; [3] Pankaj Kishore; [4] Meenu Devi; [5] Harpreet Singh; [6] Pritpal Singh; and [7] Bimal Rani, who are working as primary teachers in various Government schools in State of Punjab, have filed the present writ petition challenging Clause 6 of the Teachers Transfer Policy dtd. 25/6/2019 (Annexure P-1) and the transfer process arising therefrom, especially the order of transfers dtd. 6/2/2021 (Annexure P-3) and 5/4/2021 (Annexure P-9) issued by respondent No. 2, i.e. the Director, Education Department (E.E), Punjab.

(2.) It is argued by counsel for the petitioners that under Clause 6 of the calculation of points on the basis of which transfer of the teachers are to be made, is highly discriminatory. According to him, although weightage of 40 points has been given to the teachers on the basis of their performance but less points are awarded to primary teachers, i.e teachers teaching I to IV whereas higher marks have been given to teachers teaching class V and therefore the clause is discriminatory in nature. It is further argued that whole process of transfer is full of lacunas and flaws as the online portal shows incorrect figures of vacant posts which are lying vacant. Due to incorrect data on the portal, place of postings have been given of the stations where no post in lying vacant. It is also argued that despite objections having been called by the respondents from the teachers, no action has been taken on said objections/ representations and instead respondents are continuing with the transfer process and this action has already been put to challenge in CWP No. 8288 of 2021.

(3.) We have heard learned counsel for the petitioners at length and scrutinized the paper book.We have heard learned counsel for the petitioners at length and scrutinized the paper book.