Recently, the High Court of Himachal Pradesh granted a stay on the transfer order of a teacher, which was issued by the Education Department based on the recommendation of the Doon MLA.

While staying the transfer order, Vacation Judge Justice Bipin Chander Negi observed, “Transfers made on the basis of recommendation notes issued at the behest of political functionaries, who have nothing to do with the functioning of the Administrative Department, have been the subject matter of a controversy before this court on numerous occasions.  The said practice has been deprecated.”

Dev Raj, the Central Head Teacher at Government Primary School in Bhud, Educational Block Ramshehar, Solan district, filed a petition, and the court issued an interim order based on it.

Dev Raj argued in the petition that his transfer to Patta Mehlog in Solan was politically motivated, driven by extraneous reasons, and carried out with malicious intent. He claimed that the transfer was orchestrated by Doon MLA Ram Kumar to accommodate another teacher.

The petitioner argued that the transfer order, dated January 10, 2024, was solely issued based on the recommendation of the MLA, with no consideration for administrative necessity or public interest. The petitioner emphasized that there was no official departmental proposal advocating for the transfer.

The primary argument put forth by the petitioner was that his transfer was orchestrated by a political figure with no relevance to the operations of the Administrative Department.

In issuing the interim order, the court also served a notice to the Secretary and the Director of the Elementary Education Department, instructing them to submit their responses within a four-week period.