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Jharkhand High Court · body

2008 DIGILAW 205 (JHR)

Laxman Sahu v. Jharkhand State Electricity Board

2008-02-20

AMARESHWAR SAHAY

body2008
ORDER Amareshwar Sahay, J. 1. Heard the parties. 2. The prayer of the petitioner in this writ application is to quash the office order No. 533 dated 30.1.2002 contained in An-nexure-7 to the writ petition, whereby the respondent No. 6 Rajendra Pandey has been made Incharge Head Master of Middle School, Patratu Thermal Power Station, Patratu. Further prayer of the petitioner is to direct the respondents to make him as Incharge Head Master since he is the senior most and qualified for holding the said post. 3. According to the case of the petitioner, he was appointed on 13.12.1979 vide Annexure-1 and, thereafter on 21.12.1979 vide issue of Annexure-1/1, he was posted as Assistant Teacher in the Middle School, Patratu Thermal Power Station, Patratu. Thereafter, by issue of Annexure-2 dated 27.5.1982, nine Assistant Teachers including the petitioner and respondent No. 6 Rajendra Pandey were regularized as Assistant Teacher (I.A. trained) in a regular pay scale. 4. It appears that on the request made by the petitioner an office order was issued on 18.11.1992, transferring him from the Middle School, Patratu Thermal Power Station, Patratu to Middle School, Barauni Thermal Power Station, Barauni. It further appears that again on the request of the petitioner he was transferred back from Middle School, Barauni Thermal Power Station to Middle School, Patratu Thermal Power Station, Patratu by issue of order as contained in Annexure-6/1 dated 2.11.1993. The petitioner thereafter, joined a Patratu Thermal Power Station on 25.11.1993. The post of Head Master, Middle School, Patratu Thermal Power Station fall vacant due to superannuation to the Head Master and then respondent No. 6 Rajendra Pandey was made Incharge Head Master on temporary basis. 5. It is submitted on behalf of the petitioner that from Annexure-2, Le. the order regularizing the services of the petitioner as well as of the respondent No. 6, it would appear that the petitioner is senior to the respondent No. 6 and, therefore it was the petitioner, who should have been made Incharge Head Master of Middle School, Patratu Thermal Power Station, Patratu and not the respondent No. 6. 6. The claim of the petitioner has been controverter by the respondent Electricity Board as well as by the respondent No. 6 by filing counter- affidavit. 7. 6. The claim of the petitioner has been controverter by the respondent Electricity Board as well as by the respondent No. 6 by filing counter- affidavit. 7. It is not in dispute that the petitioner was transferred from Middle School, Patratu Thermal Power Station to Middle School, Barauni Thermal Power Station on his own request. The question is as to whether in such circumstances the petitioner can maintain his seniority in the Middle School, Patratu Thermal Power Station, where he came back from Barauni on his request transfer? 8. The answer is simply in negative. According to the service jurisprudence when the petitioner opted for his transfer from Middle School, Patratu to Middle School, Barauni then on such request transfer, he cannot claim his seniority over the teachers working in the School at Barauni where he went on his request transfer. 9. Similarly, again when he was transferred back from Middle School, Barauni to Middle School, Patratu on his own request then again he cannot claim seniority over the teachers already working in the Middle School at Patratu. 10. The reason is that the service rendered by me petitioner in his previous post at the particular place cannot be counted to determine his seniority amongst the teachers working where he went on request transfer. 11. In view of the above discussions and findings, no relief can be granted to the petitioner. Accordingly, having found no merit, this writ petition is dismissed.