KHONBRAILAKPAM SHYAMA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) PRESENT Writ Petition is directed against the order dated 23. 10. 06 issued by the Commissioner Education (S), Govt. of Manipur whereby and whereunder the present petitioner is transferred from Lilashing Khongnangkhong High School to Takyel Khongbal Jr. High School and the private respondent, Shri P. Ibopishak Singh, is transferred from Oinam Sawombung Jr. High School to Lilashing Khongnangkhong High School where the petitioner was serving.

(2.) HEARD Mr. I. Lalit Kumar, learned Sr. . Counsel assisted by Ms. Geetarani, learned counsel as well as Mr. Th. Ibohal, learned G. A. for the state respondents.

(3.) MR. I. Lalit Kumar, learned Sr. counsel appearing on behalf of the petitioner, submits that the petitioner is transferred by the impugned transfer order dated 23. 10. 06 from Lilashing Khongnangkhong High school to Takyel Khongbal, Jr. High School and his main submission is that the present order was issued only to favour the respondent No. 4, who is junior to the petitioner in service. On query from this Court, he admitted that the service of the petitioner is a transferable one and an Assistant Headmistress like the petitioner can be transferred to a Junior High School as Headmistress. In the same way, the respondent No. 4, who was the Headmaster of a Jr. High School can also be transferred to a High School as an Assistant Headmaster and he also admits that in this writ petition the petitioner has not made any allegation of malafide against the respondents or any other authority. The main contention of the learned counsel of the petitioner is that the petitioner, who is the senior to respondent No. 4 and working as Assistant Headmistress in the High school, she cannot be transferred to a Jr. High school as Assistant Headmistress in place of the respondent No. 4, who is working in the Jr. High School before the order of transfer has been issued, meaning thereby the petitioner being the senior one she is to be retained in the High School where she was working before transfer. In support of his contention, he relied on a decision in the case of Government of A. P. and Anr. Appellants Vs. A. V. Venugopal Rao, Respondent reported in (1995) 1 SCC 179.