IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.426 of 2011
RAM CHANDRA MAHTA S/O LATE SARYUG MEHTA, R/O VILLAGE
BHAGWANPUR, PO- MOZOJHU, PS- RANIGANJ, DISTT- ARARIA
AT PRESENT POSTED AS INCHARGE HEADMANSTER, ADARSH
MIDDLE SCHOOL, KACHAHARI BALUA, BANMANKHI DISTT-
PURNEA---------------------------PETITIONER
Versus
1. THE STATE OF BIHAR THROUGH ITS SPECIAL SECY.-CUM-
COMMISSIONER, HUMAN RESOURCES DEPARTMENT, GOVT. OF
BIHAR, NEW SECRETARIAT, PATNA
2. THE DIRECTOR, PRIMARY EDUCATION, HRD, GOVT. OF BIHAR,
NEW SECRETARIAT, PATNA
3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT EDUCATION
ESTABLISHMENT COMMITTEE, PURNEA
4. THE DISTRICT EDUCTION ESTAB. COMMITTEE, PURNEA
5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA
6. THE TREASURY OFFICER, PURNEA
7. THE AREA EDUCATION OFFICER, BANMANKHI, PURNEA
8. THE BLOCK EDUCATION OFFICER, BANMANKHI, PURNEA----------
-------------------------RESPONDENTS.
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2 10.3.2011 Heard learned counsel for the parties.
Submission of learned counsel for the petitioner is
that there is no rule which empowers the respondent authority to
effect transfer of teachers merely because they have been granted
promotion to B. A. trained scale. In this regard attention of the
Court has been drawn to the Primary Teachers Transfer Rules,
2006. In addition to that it is also submitted that petitioner had
given clear and categorical applications contained in annexures 4
and 7 to the District Superintendent of Education, Purnea that he is
willing to forgo his promotion on B.A. trained scale because he is
not willing to be transferred for the reasons indicated in the two
applications.
Since from the counter affidavit it is evident that
such request has been considered with regard to certain persons,
there is no reason as to why the request of petitioner ought not to
have been considered, if he is willing to forgo his promotion to
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avoid transfer which is in any way not permissible under the Rule
as such, unless it is for the limited purpose under which such
transfer can be effected.
Failure on the part of the State to point out
necessary rule which provides them such power, the transfer order
in so far as it relates to petitioner contained in annexure-5 is
hereby quashed.
The District Superintendent of Education is further
directed to issue an appropriate order in this regard taking into
consideration the applications of the petitioner contained in
annexures 4 and 7. The Court directs that such order be issued
within a period of three months from the date of communication or
production of a copy of this order.
This writ application is allowed with the above
direction.
RPS (Ajay Kumar Tripathi,J.)