MINAKETAN PATNAIK Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner, Headmaster of an aided High School has approached this Court against his transfer to another High School. It is his case that he was appointed as the Headmaster of Krupasindhu High School at Gopinathpur under Baramba P.S. in the district of Cuttack in the year 1972 and was transferred therefrom on 29 -61988 to Uttar Kulat Bidyapitha at Bandalo and in his place one Dasarathi Sahu, Headmaster of Baideswar High School was transferred to Krupasindhu High School. Such order of transfer was however not made effective since the Inspector of Schools, opposite party No. 3, directed the respective schools on 12 -7 -1988 not to relieve both the teachers. On 10 -8 -1988 order was again passed transferring the Petitioner to A.S. High School, Nuapatna while maintaining the transfer of Shri Dasarathi Sahu to Krupasindhu High School. The Petitioner was relieved from Krupasindhu High School on 9 -9 -1988 and submitted his joining report at the A.S. High School but it was not accepted for which the Inspector of Schools addressed a letter on 12 -9 -1988 to the Secretary of A.S. High School to allow the Petitioner to join as Headmaster in that school by the next day. Nothing came out of it and on 310 -1988 an order was passed by the Inspector of Schools, in pursuance of an order of the Director of Secondary Education, cancelling the order of transfer made on 10 -8 -1988. By the order, Shri Dasarathi Sahu and the Petitioner were both directed to return back to their former posts as Headmasters of Baideswar High School and Krupasindhu High School respectively and join there immediately. Simultaneously, the Secretary of Krupasindhu High School was also directed to relieve Shri Dasarathi Sahu from the school and accept the Petitioner as Headmaster as per the Government instructions. The Petitioner's case further is that in accordance with the said order he joined Krupasindhu High School on 4 -10 -1938 and submitted a copy of his joining report to the Inspector of Schools. One day thereafter again order was passed on 5 -10 -1988 by the Inspector of Schools transferring Dasarathi Sahu as Headmaster of Krupasindhu High School in place of the Petitioner and transferring him as Headmaster of Baideswar High School. It is the Petitioner's contention that by such frequent transfer orders he has been unduly harassed and that since he had joined Krupasindhu High School on 4 -10 -1988 and successive transfer are not contemplated, his transfer to Baideswar High school should be quashed and he should be allowed to continue in Krupasindhu High School.

(2.) COUNTER affidavit has been filed by opposite parties 1 to 3, the State of Orissa, the Director of Secondary Education Orissa and the Inspector of Schools explaining that a normal order of transfer had been made transferring the Petitioner to Uttar Kulat Bidyapitha, but the Secretary of that school made a representation to post a Headmaster in his school having physics, Chemistry and Mathematics combination at the B. Sc. instead of the Petitioner who is an Arts Graduate and therefore could not properly substitute Shri Mahar Champati, the transferred Headmaster of that school, who was a science hand. In view of the representation, the Petitioner was transferred to A.S. High School of Uttar Kulat Bidyapitha. It appears that A.S. High School also faced similar difficulty with the Petitioner as that of Uttar Kulat Bidyapitha and did not allow him to join. The Inspector of Schools requested, vide Annexure -5 dated 12 -9 -1988, the Secretary of the school to allow the Petitioner to join there since the pleas of the school not having any Science Teacher with Physics, Chemistry and Mathematics combination at B. Sc. level and the school having allowed the son of the deceased Headmaster to join the vacant post of Trained Science Graduate with the aforesaid subjects, were illegal and irregular. The subsequent transfer of the Petitioner to Baideswar High School was made in accordance with the order of the Director of Secondary Education on 4 -10 -1988, Annexure -B to the counter affidavit, a perusal of which shows the Director to have intimated the Inspector of Schools that an administrative deadlock had resulted due to the fact that immediately after receipt or the transfer order, the Headmaster of Baideswar High School, Dasarathi Sahu, had been relieved and had joined Krupasindhu High School and the Head Master of Krupasindhu High School had also not left his place. The Director was thus of the opinion that since Dasarathi Sahu had joined Krupasindhu High School as Headmaster and his joining report had been accepted, the Petitioner be relieved and ordered to join at Baideswar High School. It was also intimated by the Secretary of Krupasindhu High School in his letter dated 10 -1 -1989 that the Petitioner had not joined the school then. Besides, an objection was also taken in the counter -affidavit that it being the Petitioner's prayer that he should continue at Krupasindhu High School, Shri Dasarathi Sahu was a necessary party to the case and he having not been so impleaded, the writ petition is bound to fail.

(3.) I agree.