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2018 DIGILAW 6 (JHR)

Rintu Bhagat v. State of Jharkhand

2018-01-02

AMITAV K.GUPTA, D.N.PATEL

body2018
ORDER : D.N. Patel, J. This Letters Patent Appeal has been preferred by the appellant (original petitioner), whose writ petition has been dismissed by the learned Single Judge being W.P. (S) No. 3890 of 2016 vide order and judgment dated 26th July, 2016, whereby his transfer order dated 29th June, 2016 has been upheld and the same has not been interfered by the learned Single Judge. Hence, this Letters Patent Appeal has been preferred by the original petitioner. 2. Learned counsel for the appellant has submitted that this appellant was appointed as Assistant Teacher on 21st August, 2010 in the subject of Geography in the school situated in the district of East Singhbhum, who was appointed in the year 2010 and he was working in the school situated in district East Singhbhum. The result in his subject is approximately 94%. He was teaching the students of 9th and 10th standard and he has been transferred on 29th June, 2016 vide order at Annexure-3. It is submitted by the counsel for the appellant that as per Government Circular which is at Annexure-2, whenever, the result is less than 40% then only such teacher can be transferred. This aspect of the matter has not been properly appreciated by the learned Single Judge. 3. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant who was appointed as Assistant Teacher in the month of August, 2010 in the subject of Geography for teaching the students of 9th and 10th standard in the school situated in the district of East Singhbhum was transferred in the very same district, but, in different blocks on 29th June, 2016 vide order at Annexure-3 to the memo of this Letters Patent Appeal. 4. Looking to the reasons stated in Annexure-3 transfer order cumulatively this result tantamount to administrative exigency and public need and hence, this appellant can always be transferred by the respondents from one Government school to another Government school within the same district, but in different blocks, this is always permissible by the respondents. This aspect of the matter has been properly appreciated by the learned Single Judge. 5. The result in individual subject is not to be seen, but, the result of the school as a whole is to be seen. 6. This aspect of the matter has been properly appreciated by the learned Single Judge. 5. The result in individual subject is not to be seen, but, the result of the school as a whole is to be seen. 6. Apart from the result of a particular subject and school, the fact remains that whenever, any teacher is appointed in any district he should be ready for his transfer within the same district, but, in a different block. Thus, looking to the overall performance in the schools, the respondent-Government has all power, jurisdiction and authority to transfer a teacher in a Government school from one school to another school within the same district. We see no justifiable reason to interfere with such transfer which is based upon administrative exigency and public need. This aspect of the matter has been properly appreciated by the learned Single Judge while dismissing W.P. (S) No. 3890 of 2016 vide order and judgment dated 26th July, 2016. We see no reason to take any other view than what is taken by the learned Single Judge. Hence, there is no substance in this Letters Patent Appeal and the same, is hereby, dismissed with a cost of Rs. 5,000/- which will be deposited by this appellant before the Secretary, Women & Child Development and Social Security, Government of Jharkhand towards Juvenile Justice Fund and this amount will be used for the welfare of the juveniles. This amount shall be paid in Account No. 3734498462-5, Jharkhand Juvenile Justice Fund, State Appeal is Bank of India, Project Bhawan, Hatia within a period of six weeks from today. If the amount is not deposited within a period of six weeks from today, the Government shall deduct the aforesaid amount in 10 equal monthly installments either from the salary of the appellant or from the pension of this appellant and thereafter it will be deposited towards the Juvenile Justice Fund as stated hereinabove. 7. This Letters Patent hereby, dismissed with cost. Appeal dismissed.