Ram Chandra Rai, S/o Late Banshi Prasad v. State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna
2019-06-27
ANIL KUMAR UPADHYAY
body2019
DigiLaw.ai
ORDER : 1. Heard learned counsel for the petitioners and the State. 2. The petitioners are aggrieved by the order of transfer issued by respondent no.4 vide order dated 17.10.2016. The petitioners have also prayed for quashing of the order dated 06.02.2018 issued by the Personal Secretary, Divisional Commissioner, Magadh Division, Gaya. 3. The only issue involved in the present case is whether the respondent no.4 and respondent no.6 have any jurisdiction in the matter of transfer and posting of the petitioners. 4. The petitioners are teachers posted in Middle school in the district of Nawada. They were subsequently promoted as Headmaster vide order dated 29.06.2013 and they were posted in different schools in the district of Nawada. 5. Mr. Rajeev Kumar Singh, learned counsel for the petitioners submits that the petitioners are teachers and as such they are covered by the Service Condition Rules. He further submits that under the Service Condition Rules, neither the Commissioner of the Division nor the Lok Sikayat Padadhikari, Nawada has any jurisdiction and as such the order passed at their instance vide Annexure-3 Series and Annexure-8 are totally without jurisdiction. 6. On going through the orders as contained in Annexure-3 Series and Annexure-8, the Court finds substance in the submissions advanced by Mr. Rajeev Kumar Singh. The service conditions are regulated by the Service Condition Rules and service condition Rule of the Teachers does not authorize the Secretary of the Commissioner or the Lok Sikayat Padadhikari, Nawada to pass any order with regard to transfer. 7. Considering the aforesaid, the writ applications are allowed. The orders as contained in Annexure-3 Series and Annexure-8 are hereby quashed. However, quashing of Annexure-3 Series and Annexure-8 will not come in the way of the respondents for passing fresh order in accordance with law. 8. With the aforesaid, these writ applications stand allowed and disposed of.