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2017 DIGILAW 1634 (JHR)

Prabhawati Kumari v. State of Jharkhand

2017-09-11

S.N.PATHAK

body2017
JUDGMENT : S.N. PATHAK, J. Heard learned counsel appearing for the petitioner and learned counsel for the respondents. 2. The petitioner has challenged the order of transfer dated 02.05.2017 as contained in Memo No. 866 (Annexure-7) issued by the respondent no. 3 to the extent that the petitioner's name appears in the list at Serial No. 48 and she has been transferred from Ms. C.P. Samity, Sonari, Jamshedpur to Upgraded Middle School, Naga, Potka-2. 3. Further prayer has been made to consider the case of the petitioner regarding the transfer in view of ‘Bihar (now Jharkhand) State Nationalized Primary School Teachers (Transfer and Disciplinary Action) Rules, 1994. 4. Factual Matrix. The petitioner was appointed on the post of Assistant Teacher vide Office order as contained in Memo No. 91 dated 01.01.2004 and as such, she was posted in Primary School, Namopara, Chakulia Bock in the District of East Singhbhum. The appointment letter was issued by the respondent no. 3 and in this letter of appointment, the full address of the petitioner was mentioned. Thereafter the petitioner joined as Assistant Teacher in Primary School, Namopara, Chakulia pursuant to the said appointment letter. After her joining, service book was opened and it was specifically mentioned that the home Block of the petitioner is Jamshedpur-2 which is evident from the service book of the petitioner. 5. It has further been submitted that the appointment of the petitioner was made in a block, which was other than her own home block and as such, the petitioner made representation in the light of the provisions enshrined in sub-rule 2(ii) of the Rule 3 of the said Rules, 1994, as amended up-date. The grievance of the petitioner was considered in accordance with the law and as per the said Rules, the petitioner was posted in her home block by office order as contained in Memo No. 1665 dated 29.06.2006, issued by the respondent no. 3. By the said office order, the petitioner was transferred from the Post of Assistant Teacher, Primary School, Nagopara, Block-Chakulia to C.P. Samity Middle School, Sonari Block, Jamshedpur-2. 6. It has further been submitted that the Government of Jharkhand vide Circular dated 12.12.2015, directed that female teachers shall be given preference and she would be posted as per her convenience, as possible. The said circular was issued vide Letter No. 3021 dated 17.12.2015. 7. 6. It has further been submitted that the Government of Jharkhand vide Circular dated 12.12.2015, directed that female teachers shall be given preference and she would be posted as per her convenience, as possible. The said circular was issued vide Letter No. 3021 dated 17.12.2015. 7. It has further been pointed out that in view of the aforesaid Circular dated 12.12.2015, it is further evident that in Clause 2 thereof that the teachers shall be posted generally in his/her home block. 8. It has been alleged that prior to 25.02.2016, there were only four teachers in the said school, being C.P. Samity Middle School, Sonari Block, Jamshedpur-2, but however, seven more teachers were posted in the said school in the month of February, 2016 by two office orders. This transfer was made by office order as contained Memo No. 544 dated 23.02.2016 and another office order as contained in Memo No. 565 dated 25.02.2016. The petitioner has been transferred by the impugned order of transfer as contained in Memo no. 866 dated 2.05.2017 from Middle School, C.P. Samity, Jamshedpur to Upgraded Middle School, Naga, Potka-2 in the district of East Singhbhum and the name of the petitioner appears at serial no. 48 in the said order. 9. Since the petitioner was transferred on 02.05.2017 as an obedient teacher, she joined at her transferred place on 09.05.2017 and complied the order of the respondent-state and thereafter, submitted a detailed representation on 14.06.2017 to the respondents for consideration of her case in view of 1994 Rules. As no orders have been passed on the said representation till date, the petitioner has knocked the door of this Court. 10. Mr. Manoj Tandon, learned counsel appearing for the petitioner submits that the petitioner is an obedient teacher and has always complied the orders of the respondents and submits that the basic teachers shall be appointed in the Home block and as such, earlier the petitioner was posted in her home block, but this time the transfer order which was issued de-hors the rules made for transfer of primary/basic teachers. The petitioner being aggrieved by that though complied the order of the State has represented before the respondent authorities for consideration in accordance with law taking into consideration the 1994 Rules. 11. The petitioner being aggrieved by that though complied the order of the State has represented before the respondent authorities for consideration in accordance with law taking into consideration the 1994 Rules. 11. Learned counsel further submits that the petitioner is entitled for posting in her home block and as such, a direction be given to the respondents to consider his representation and pass an order taking into consideration the 1994 Rules and if the petitioner is found eligible, her posting should be done in the home block. 12. Per contra, no counter-affidavit has been filed as the case has been listed for the first time under the heading “For Fresh Filing”. 13. Learned counsel for the respondents-State submits that suffice it would be if a direction is given to the respondents to consider the case of petitioner in view of Rule, 1994 and pass a reasonable order within a suitable period. 14. Having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner needs consideration. Since 1994 Rules which has been framed by the respondents, this is only basis of posting of the basic/primary teachers in the home block. The petitioner has been posted in the different blocks and the petitioner has already joined the transferred place of posting. The representation of the petitioner has not been considered till date, I hereby, direct the respondent no. 3 to consider the case of the petitioner in view of 1994 Rules and if the petitioner is entitled to be posted in the home block, an order to that effect be passed within a period of six weeks from the date of receipt of a copy of this order. 15. In view of the aforesaid observation, the instant Writ Petition stands disposed of. Petition disposed of.