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2016 DIGILAW 1022 (JHR)

Shiv Charan Rawani, Son of Sri Hari Rawani v. State of Jharkhand

2016-07-12

ANANDA SEN

body2016
Order : The petitioners in this Writ Petition have prayed for the following relief’s :- (I) To quash/set aside the decision contained in letter no.934/SSA dated 29.09.2012, so far it relates to the petitioners, issued under the pen and signature of District Superintendent of Education-cum-District Programme Officer, Dhanbad, and the consequential order contained in memo no.116/SSA dated 01.10.2012 issued under the pen and signature of Block Education Officer-cum-Block Resource Centre Co-ordinator, Baghmara whereby and whereunder the petitioners who are posted as Cluster Resource Person (CRP) in Baghmara Block of Dhanbad district, have been relieved to join in Giridih district; without the authority of law; against the terms and conditions of appointment and, in particular, ignoring the fact that the cadre of the petitioners is that of Cluster level. (II) To hold and declare that the District Superintendent of Education cum District Programme Officer, Dhanbad (respondent no.-3) has no power and jurisdiction to pass an order sending the petitioners to other District by way of impugned decision contained in letter dated 29.9.2012. (III) For any other appropriate relief or reliefs to which the petitioners are found to be entitled in the facts and circumstances of this case. 2. That it has been mentioned in the Writ application that exactly similar issue was decided in Writ Petition being W.P. (S) No. 6777 of 2012 and the said Writ Petition was heard and dismissed vide order dated 13th February, 2013. 3. Challenging the said order of dismissal, the writ petitioners moved the Hon'ble Division Bench of this Court by filing L.P.A. Nos.131 and 134 of 2013. The Division Bench of this Court vide judgment dated 11th August, 2015, dismissed the Letters Patent Appeal, holding therein that it is not obligatory on the part of the State to oust the lastly appointed persons first. It has also been held by the Hon'ble Division Bench 'last come first go' principle is not applicable for those persons appointed on contract basis under a scheme known as 'Sarva Siksha Abhiyan'. 4. Further it has been held that when there are appointments of Cluster Resource Person made in excessive, the State can always transfer/adjust few of them or any of them. The State is not bound to follow the aforesaid principle i.e. 'last come first go'. What should be the policy of appointment, is always left open for the State. 4. Further it has been held that when there are appointments of Cluster Resource Person made in excessive, the State can always transfer/adjust few of them or any of them. The State is not bound to follow the aforesaid principle i.e. 'last come first go'. What should be the policy of appointment, is always left open for the State. There cannot be any straight-jacket formula for this adjustment. The State must allow to have free movement. Such relaxation ought to have given to the State. The petitioners cannot say what should be better policy of the State. The State authority evolved their own policy for adjustment of transfer. On these basis, the aforesaid L.P.As. were dismissed. 5. I find that the instant writ Petition is squarely covered by the final order passed in L.P.A. Nos. 131 and 134 of 2013. In that view, this Writ Petition also stands dismissed. Petition dismissed.