Punjab-Haryana High Court
Suresh Sharma vs State Of Haryana And Others on 17 April, 2023
Author: Harnaresh Singh Gill
Bench: Harnaresh Singh Gill
Neutral Citation No:=2023:PHHC:053131
2023:PHHC:053131
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
149 CWP-7744-2023 (O&M)
Date of decision: 17.04.2023
Suresh Sharma
...Petitioner
Versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present:- Dr. (Mr.) Deepak Jindal, Advocate for the petitioner.
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HARNARESH SINGH GILL, J. (ORAL)
Through this petition, the petitioner seeks issuance of a writ in the nature of Mandamus directing the respondents to open the option in the transfer drive vis-a-vis the petitioner and to grant him Rs.10,000/- as allowance for staying in the District Nuh Mewat and to remove 'Mewat Educationist' mentioned in his MIS.
Learned counsel for the petitioner submits that the petitioner joined as Sanskrit Master (Guest Teacher) on 17.01.2006 in Bhiwani District and on 01.07.2009, he was transferred to District Nuh Mewat and since then he has been serving there and suffering a lot. It is further submitted that vide Notification dated 17.04.2021, the Additional Chief Secretary, Government of Haryana, has ordered that if a Guest Teacher opts for 'anywhere in the State' during online transfer drive and is thereafter posted in a school located in Morni Hills Area or Mewat District against a vacancy for which no teacher 1 of 3 ::: Downloaded on - 18-04-2023 05:42:51 ::: Neutral Citation No:=2023:PHHC:053131 2023:PHHC:053131 149 CWP-7744-2023 (O&M) -2- has opted, he/she will be paid an additional honorarium of Rs.10,000/- per month during the said posting. He further submits that despite there being a specific Notification with regard to additional pay to be given to the Guest Teachers posted in Mewat District, the petitioner has not been granted the said benefit since inception and the petitioner is not able to participate in the transfer drive pursuant to the online transfer police 2020-21 launched by the State Govt., as whenever the petitioner tries to open it, the words 'Mewat Educationist' appear in his MIS.
Notice of motion.
On the asking of this Court, Mr. RS Budhwar, Additional AG Haryana, accepts notice on behalf of the respondents-State and submits that the petitioner was transferred to District Nuh Mewat on 01.07.2009 and till date, he has not raised any grievance.
He, however, submits that matter of non-payment of Rs.10,000/- as additional allowance to the petitioner, as was ordered by the Additional Chief Secretary, Haryana, vide Notification dated 17.04.2021, and removal of 'Mewat Educationist' from his MIS, can be looked into by the concerned respondents.
I have heard the learned counsel for the parties and have also gone through the case file.
In view of the above and without going into the merits of the case, respondent No.2-Director Elementary Education, Panchkula and respondent No.3-Principal, Govt. Senior Secondary School, Mahun (Code 0825), Tehsil Ferozepur Jhirka, District Nuh Mewat, Haryana, are directed to ensure the removal of 'Mewat Educationist' from the MIS of the petitioner, enabling him to participate in the next transfer drive, which is stated to be 2 of 3 ::: Downloaded on - 18-04-2023 05:42:52 ::: Neutral Citation No:=2023:PHHC:053131 2023:PHHC:053131 149 CWP-7744-2023 (O&M) -3- scheduled in the months of August-September, 2023, within a period of 4 weeks from the receipt of the certified copy of this order, in accordance with law.
The respondents are further directed to look into the matter regarding non-payment of Rs.10,000/- as additional allowance to the petitioner, for being posted in the District Nuh Mewat and release the arrears w.e.f. 17.04.2021, if any, at the earliest.
Disposed of in the above terms.
(HARNARESH SINGH GILL)
JUDGE
17.04.2023
Mangal Singh
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:053131
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