IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4015 of 2011
1. JHARNA CHAKARWARTI, wife of Sushant Chakravorti,
Assistant Teacher, Middle School Hari Sabha Town Area, District
- Muzaffarpur, resident of C/o Akhileshwar Prasad Verma (B.D.O.)
Alokpuri, Bahal Khana Road, Post Office - Ramna, District -
Muzaffarpur.
2. Prativa Mukherjee, wife of Prasun Kumar Bhattacharya, Assistant
Teacher, Middle School, Harisabha, Town Area, Muzaffarpur,
resident of C/O P K Bhattacharya, Sadbhawna Nagar Katchi Packi
Road , Alardah, Post office - Ramna, District - Muzaffarpur.
3. Alpana Maitra, wife of Pratap Kumar Banerjee, Assistant Teacher,
Middle Harisabha, Town Area Muzaffarpur, resident of c/o late
Gauarhani Bosh Mithanpura, Post Office - Ramna, District -
Muzaffarpur
Versus
1. THE STATE OF BIHAR through Human Resources Development,
Patna.
2. The Director, Primary School Teacher, New Secretariat, Patna.
3. The District Magistrate, Muzaffarpur.
4. The District Superintendent of Education (D.S.E.), Muzaffarpur.
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02. 16.3.2011 Prima facie the Court is not convinced that there is
any breach of rule in passing of the impugned order contained in
Annexure-5. Petitioners have been transferred so that they can be
accommodated in a school on a post which is vacant to facilitate
the payment of their salary on regular basis.
Counsel for the petitioners submits that as per the
rule no transfer ought to be effected in the last year of the service
of a teacher and this aspect has not been taken into consideration.
If the petitioners make out a case in this regard and
approach the District Superintendent of Education, Muzaffarpur,
a decision will be taken and communicated to the petitioners
within a reasonable time frame of three months from the date of
filing of such application.
No interference is required with the impugned order.
2
The writ application is disposed of with above
direction.
rkp (Ajay Kumar Tripathi,J.)