IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 11 of 2010
State of Jharkhand & ors ... ... ... Appellants
Versus
Amnanda Kumari & ors....... ... ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL
THE HON'BLE MR. JUSTICE R. R. PRASAD
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For the Appellants: Mr. Srijit Choudhary,G.P.I.
For the Respondents: Mr. A. K.Sahani
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Reserved on: 12.4.2010 Pronounced on: 23rd April, 2010
M. Y. Eqbal, J. Heard the parties.
2. The appellant- State has challenged the impugned judgment
passed in W.P.(S) No.4996/2008, whereby the learned Single Judge
quashed and set aside the order of transfer of the respondent from
the post of Block Education Extension Officer to the post of Lecturer
in a Government Primary Teachers Training College.
3. It appears that the respondent (writ petitioner) was working as
Block Education Extension Officer. She is having no teaching
experience as per the norms of the National Council of Technical
Education for the purpose of appointment on the post of Lecturer in
the Primary Teachers Training College. In spite of aforesaid fact, the
Government transferred the respondent from the post of Block
Education Extension Officer to the post of Lecturer in a Government
Primary Teachers Training College. The learned single Judge found
that there are eighteen such officers having requisite qualification for
the purpose of appointment on the post of lecturer but the
respondent was chosen for the reason best known to the appellant-
State. The learned Single Judge observed that the State Government
on this question has turned deaf ear and did not reply and justify its
action. Taking into consideration all these facts, the learned single
Judge quashed the order of transfer of the respondent and held that
the respondent (writ petitioner) would be entitled to her earlier post
as Block Education Extension Officer with all monetary benefits. We
fully agree with the view taken by the learned Single Judge.
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4. Mr. Srijit Choudhary, learned Government Pleader, drawn our
attention to the judgment and order passed in WP(S) No.5804/2004
and submitted that in similar circumstances order of transfer and
posting as lecturer was challenged and this Court refused to interfere
with the order. In our opinion, the judgment and order passed in
WP(S) No.5804/2004 is distinguishable inasmuch as in the instant
case when eighteen officers having requisite qualifications were
available for posting as lecturers in Primary Teachers Training
College then the order of transfer of the respondent, who has no
requisite qualification, cannot be justified.
5. In the facts and circumstances of the case, we do not find any
error in the impugned judgment passed by the learned Single Judge.
This appeal is, therefore, dismissed.
(M. Y. Eqbal, J)
R.R. Prasad, J.
(R.R. Prasad, J)
Manoj/N.A.F.R.