Case Note & Summary
The petitioner, Dakshayanamma D, was appointed as an Assistant Teacher on 14.07.1994 at Government High School, Halesorba, Sorba Taluk, Shivamogga District. She was subsequently transferred by an order dated 04.04.2016 issued by the third respondent (Assistant Director, Bangalore Division, Department of Public Instructions) to Government High School, Durgigudi. The petitioner challenged this transfer order in a writ petition under Articles 226 and 227 of the Constitution of India, seeking its quashing and appropriate directions. The petitioner contended that the transfer order was arbitrary, passed without considering her representation, and contrary to the transfer policy. The respondents, including the State of Karnataka, the Commissioner of Public Instructions, the Assistant Director, and the Head Mistress of the school, were represented by counsel. The court, after hearing the parties, found that the transfer order was indeed passed without considering the petitioner's representation and in violation of the transfer policy. The court held that the order was unsustainable and quashed it, directing that the petitioner be allowed to continue at her original place of posting. The judgment emphasized the importance of adhering to transfer policies and principles of natural justice.
Headnote
A) Service Law - Transfer - Violation of Transfer Policy - The petitioner, an Assistant Teacher, challenged her transfer order dated 04.04.2016 from Government High School, Halesorba to Government High School, Durgigudi. The court found that the order was passed without considering the petitioner's representation and contrary to the transfer policy. Held that the transfer order is quashed and the petitioner is entitled to continue at her original place of posting (Paras 2-5). B) Administrative Law - Natural Justice - Consideration of Representation - The court observed that the transfer order was passed without affording the petitioner an opportunity of being heard and without considering her representation. Held that such an order is unsustainable in law (Paras 3-5).
Issue of Consideration
Whether the transfer order dated 04.04.2016 passed by the third respondent is arbitrary and violative of principles of natural justice, and whether the petitioner's representation was considered before passing the order.
Final Decision
The writ petition is allowed. The impugned order dated 04.04.2016 (Annexure-X) passed by the third respondent is quashed. The petitioner is entitled to continue at her original place of posting at Government High School, Halesorba, Sorba Taluk, Shivamogga District.
Law Points
- Transfer policy
- Natural justice
- Consideration of representation
- Administrative law
- Writ jurisdiction
