The high court has directed the Punjab government to re-examine its policy for transfer of teachers observing that the same is “fraught with loopholes.”
The high court bench of justice Kuldeep Tiwari gave three months’ time to the department of school education, asking it to constitute a committee to re-examine the policy to ensure “complete transparency” in transfers so that there is no room for authorities concerned to use discretionary powers “arbitrarily.”
It also directed that a separate committee be constituted within two weeks that will hear all the stakeholders, including the petitioners and pass speaking orders in each case within eight weeks.
“This court has no hesitation to take a strong reservation that the policy in question not only suffers from incurable defects but is also fraught with loopholes which empower the administration with unchecked discretion to transfer the employees. Such unfettered discretion, which results in arbitrariness, has constrained a large number of employees to approach the court by filing these petitions for redressal of grievance founded on the same grounds,” it said, while disposing of a clutch of petitions.
Some teachers from different parts of the state had challenge to the 2019 transfer policy alleging that that it does not postulate any guidelines for relieving of the teachers upon the transfer. The policy is conspicuously silent
with regard to identification of the vacant posts. In some of the matters, it was highlighted that vacant posts are not reflected on the official website of the department, thereby barring the meritorious teachers from applying for the same. The same is made avail to certain selected teachers, for the undisclosed reasons, it was alleged adding that this policy fails in ensuring impartiality, it was submitted.
{{/usCountry}}with regard to identification of the vacant posts. In some of the matters, it was highlighted that vacant posts are not reflected on the official website of the department, thereby barring the meritorious teachers from applying for the same. The same is made avail to certain selected teachers, for the undisclosed reasons, it was alleged adding that this policy fails in ensuring impartiality, it was submitted.
{{/usCountry}}During the hearing on August 17, secretary concerned Sonali Giri had admitted to policy “warranting comprehensive re-examination.”
While disposing of the petitions court remarked that it is not adjudicating the matter on merits and merely disposing of the petitions for re-examination of the policy as the same has “far-reaching consequences, which a large number of employees across the state may face”.