SUSHILA RANI Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2000-1-103
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 14,2000

SUSHILA RANI Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

Bakshish Kaur, J. - (1.) SUSHILA Rani -petitioner was transferred from Government Primary School/Um -rawat to Government Primary School, Dang Khurd on 25.5.1998. She was again transferred on July 15,1998 from Government Primary School/Urnrawat to Government Primary Model School, Bhiwani but the transfer could not be materialised because the District Primary Education Officer has not issued the transfer order. On October 29, 1998 she was again transferred from Govt. Primary School/Dang Khurd to Govt. Primary School, Kant. On February 22, 1999 the petitioner was again transferred from Government Primary School/Kant to Govt. Primary School Ajitpura. She is stated to be a handicapped person as per medical certificate issued by Dy. Chief Medical Officer, Bhiwani, Annexure P -2. She has been transferred from one place to another at the instance of Jagat Narain Kathuria -respondent No. 4 who is an influential person having contacts with the politicians. Invoking the provisions of Articles 226/227 of the Constitution of India, Sushila Rani - petitioner has, therefore, filed this writ petition in the nature of Mandamus to quash the transfer order Annexure P -4.
(2.) THE facts are not in dispute, so far as it relates to the transfer of the petitioner from one place to another and that she is a handicapped person suffering 40% disability. I have heard Mr. Surinder Gandhi, appearing on behalf of the petitioner, Mr. R.K. Malik, learned coun - sel appearing on behalf of respondent No. 4 and Mr. A.K. Rattiee AAG, appearing on behalf of State of Haryana. During the course of arguments, it was submitted that after April 30,1999, post occupied by respondent No. 4 will fall vacant. Mr. A.K. Rathee, the learned AAG, Haryana submitted that on the vacancy arising after April 30, 2000, the case of the petitioner can be considered for her transfer from the present place of posting.
(3.) IN view of the aforesaid facts, it is hereby ordered that the case of the petitioner for transfer be considered on medical grounds after April 30,2000 within a period of one month. With this direction, the petition stands disposed of accordingly.;


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