HARI NARAIN Vs. DISTRICT INSPECTOR OF SCHOOLS DEORIA

JUDGEMENT

(1.) HEARD Sri H. S. N, Tripathi, learned counsel for the petitioner and Sri Sidharth Singh, learned Special Counsel representing the respondent no. 1. Other respondents have not put in appearance.

(2.) THE respondent no. 4, Sri Ram Singh, a L.T. grade teacher of O. K. Intermediate College, Math, Lar in the district of Deoria, has been Transferred to Swami Daya Nand Intermediate College, Math, Lar, in the same district, where the petitioner is serving as Assistant teacher in C.T. Grade. THE proposal of transfer was approved by the Managing Committee of O. K. Intermediate College on 14th January, 1979. THE Managing Committee of Swami Daya Nand Intermediate College also approved the transfer of the respondent no. 4 vide its resolution dated 18th May, 1979. Finally, the District Inspector of Schools, Deoria accorded requisite permission for effecting the transfer of the respondent no. 4 vide order dated 10th August, 1979. THE petitioner feels aggrieved by the transfer of the respondent no. 4 from O. K. Intermediate College to Swami Daya Nand Intermediate College. Hence this petition.

(3.) FROM the averments made in the petition, it appears that the post in question fell vacant on account of promotion of Mr. Nurul Husain to lecturer's grade in December, 1978. It is also pleaded in the petition that the said post has to be filled by promotion. The pleadings in the petition are uncontroverted.