JUDGEMENT
M.M.KUMAR, J. -
(1.) The grievance made by the petitioner in the instant
petition is that vide order dated 28.9.2006 (P-6) she has been
transferred from the post of Lecturer in Commerce, Government Girls
Senior Secondary School, Prem Nagar, Karnal, to Government Senior
Secondary School, Ismailabad, District Kurukshetra, against a vacant
post. It has been asserted that, in fact, the order dated22.7.2006 (P-3)
transferring the petitioner from Karnal to Ismailabad has been given
effect, which order of transfer was passed on the ground that adequate
number of students belonging to Commerce stream were not available
at Karnal. It has been pointed out that 28 students belonging to
Commerce stream have been admitted and there was no necessity on
the basis of rationalisation policy to transfer the petitioner from
Karnal to Ismailabad. It has further been pointed out that there is no
Lecturer of Commerce for teaching the students of Commerce stream
at GGSSS, Prem Nagar, Karnal.
(2.) The petitioner has approached this Court without making
any representation to the respondents by bringing to heir notice the
palpable violation of the rationalisation policy as has been pointed
out above. Therefore, at this stage we deem it just and appropriate to
relegate the petitioner to the remedy of filing a detailed representation
by pointing out all the lapses committed by the respondents in
following the rationalisation policy within one week from today,
under a Registered A.D. cover. If such a representation is made then
respondent No. 2 shall take its cognisance and decide the same by
passing a speaking order within four weeks thereafter.
(3.) In the meanwhile the petitioner shall continue to
discharge her duties at Government Girls Senior Secondary School,
Prem Nagar, Karnal instead of discharging duties at Government
Senior Secondary School, Ismailabad, District Kurukshetra. If any
adverse order is passed against the petitioner by maintaining the
orders Annexures P-3 and P-6 then the same shall not be given effect
for a period of 10 days so as to enable the petitioner to have breathing
time to approach this Court or any other authority.
The writ petition stands disposed of in the above terms.;
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