TASHBIB HUSAIN ZAIDI Vs. ZILA BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) THE petitioner, Tashbib Husain Zaidi, was an Assistant Teacher initially posted at the Junior High School, Kumhara Bithri, Chainpur, Bareilly. Thereafter, it appears that he was called in the office of the Basic Shiksha Adhikari, Bareilly and was assigned the job of looking after the litigations of the Department and, in effect, was functioning, he submits in the petition, as a Legal Advisor/Court Pairokar at the office of the Zila Basic Shiksha Adhikar, Bareilly. By an office order dated 2nd March, 1993 (Annexure 8 to the petition) he alongwith two others was transferred and assigned duties at a Primary School. The petitioner resists this transfer order on the ground that he was assigned the charge of the litigation of the Department as he is qualified and he has been discharging his duties to the satisfaction of the officers. The petitioner feels aggrieved that he has been transferred as a teacher and, thus, the present petition.

(2.) THE contention before the Court is that the equity and law are in favour of the petitioner and that he ought not to be transferred and the order transferring him is illegal.