Kamab Kalyan Paikairay @ Kamalakanta Paikaray v. State of Orissa
2010-08-04
S.PANDA
body2010
DigiLaw.ai
ORDER 04.08.2010 — Challenging the order of transfer dated 11.6.2010 issued by the District Project Coordinator, Sarva Sikshya Abhiyan, Bhadrak, the petitioner has filed this writ application. The petitioner is engaged as a Sikshya Sahayak since 1.1.2005 in K.S.M.E. School, Chudamani under Basudevpur Block in the district of Bhadrak. He received the order of his transfer dated 11.6.2010 from the District Project Coordinator, Sarva Sikshya Abhiyan, Bhadrak. By the said order, the petitioner has been transferred from the above school to Sasikadeipur P.S. under Chandabali Block. It is submitted by the learned counsel for the petitioner that the Government has taken a decision on 21.4.2010 fixing the criteria regarding rationalization of Elementary Teachers/Zilla Parishad Teachers/Sikshya Sahayaks for the year 2010-11 and to ensure the requirement of school wise pupil teacher ratio in Education Districts, transfer of all category of teachers and Sikshya Sahayaks wherever necessary is required to be undertaken. Accordingly, Government have reconstituted the Transfer Committee headed by Collector and also fixed the pupil teacher ratio as per the norms and standards prescribed in the schedule. Said schedule shows that the ratio should be 35 : 1 which means, for every 35 students, there should be one teacher. It is further submitted that in view of the aforesaid ratio fixed by the Government, K.S.M.E. School. Chudamani under Basu¬devpur Block, where the petitioner is continuing, has a total strength of 261 students and it requires 7 teachers. However, there are only 5 teachers in the said school and there is no extra teacher available. Therefore since there is a shortage of 2 teachers in the said school looking at the roll strength of the school, the petitioner should not have been disturbed from the said school. Hence, the order of transfer dated 11.6.2010 issued by the District Project Coordinator, S.S.A., Bhadrak, transferring the petitioner from K.S.M.E. School, Chudamani to Sashikadeipur P.S. under Chandabali Block is violative of the aforesaid Govern¬ment guidelines as there is need of two more teachers in the school where the petitioner is continuing. The learned Standing Counsel appearing on behalf of the School & Mass Education Department of the Government submitted that the contentions of the petitioner are correct.
The learned Standing Counsel appearing on behalf of the School & Mass Education Department of the Government submitted that the contentions of the petitioner are correct. Considering the said submission of the learned Standing Counsel for the School & Mass Education Dept., this Court sets aside the impugned order dated 11.6.2010 issued by the District Project Coordinator, Sarva Sikshya Abhiyan, Bhadrak so far as it relates to the petitioner and directs that the petitioner shall continue in K.S.M.E. School, Chudamani under Basudevpur Block in the district of Bhadrak. With the above direction, the writ application as well as Misc. Case No. 10462 of 2010 is disposed of. Urgent certified copy of the order be granted on proper application. Application disposed of.