RAM JEET TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has been performing and discharging duties as Head Master of Purva Madhyamik Vidyalaya Saraiyan Tiwari, Khajni, District Gorakhpur. Petitioner submits that the Head Master of Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur was going to retire on 30. 06. 2008, as such he requested that he be permitted to perform and discharge his duties there at Purva Madhyamik Vidyalaya , Khajni, Gorakhpur. Petitioner has contended that on 09. 05. 2008 Assistant Basic Education Officer passed order for handing over charge of the Head Master of Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur to the petitioner. The petitioner submits that pursuant thereto, he has been performing and discharging duties at the said place. In place of petitioner on 27. 05. 2008, one Ram Charan Prasad has been posted as Head Master at Purva Madhyamik Vidyalaya, Saraiyan Tiwari Khajni, District Gorakhpur On 19. 09. 2008 order has been passed by means of which, in administrative exigency, one Ram Briksha Maurya has been transferred to Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur and the attachment of the petitioner has been cancelled. At this juncture, present writ petition has been filed. Pleadings inter se parties have been exchanged and thereafter, present writ petition has been taken up for final hearing and disposal with the consent of the parties. Sri Prabhakar Dwivedi, learned counsel for the petitioner, contended with vehemence that on request, transfer of petitioner had been made to Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur, as such he could not have been sent to another institution, as has been sought to be done in the present case, as such writ petition deserves to be allowed. Countering the said submission, learned Standing Counsel as well as Sri Ghanshyam Maurya and Sri S. N. Tripathi, Advocates, contended that none of the legal rights of the petitioner are being infringed on account of cancellation of order of attachment at Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur, as such writ petition deserves to be dismissed. After respective arguments have been advanced, factual position which emerges is that it appears that on the request made by petitioner, the Assistant Basic Education Officer on his own motion asked the Head Master of the Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur to hand over the charge of the Head Master of the said school to the petitioner, and pursuant thereto petitioner took over the charge and had been functioning in the vacancy which had occurred on account of placement of petitioner at Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur, at Purva Madhyamik Vidyalaya, Sarainya Tiwari, Ram Charan Prasad was accorded placement on promotion as Head Master, and in this regard, thereafter order was passed by District Basic Education Officer on 27. 05. 2008. In administrative exigency against Ram Briksha Maurya order was passed transferring him to the post of Head Master at Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur, and at this juncture, attachment of petitioner was cancelled and he has been accorded placement at different institution. Transfer and posting are within the domain of the executive authorities and it is for them to see as to where an incumbent should be posted and where his/her services can be best utilized. In the present case once by competent authority, placement has been accorded in respect of petitioner according him placement in a different institution revoking the order of attachment from the Purva Madhyamik Vidyalaya, Khajni, District Gorakhpur, and placing him at Purva Madhyamik Vidyalaya , Munderva, Gorakhpur none of the legal rights of the petitioner is infringed. This is nothing but internal arrangement; as such this court refuses to interfere with such an arrangement. Writ petition lacks substance and the same is dismissed. .