SUBODH PRASAD RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The main question involved in this writ petition is whether there could be transfer of teachers from Rural to Urban area and vice-versa in an elementary school.

(2.) The petitioner sought for quashing an order of transfer dated 18-8-90 posting him from Rural to Urban area as Headmaster of Middle school, Krishna Nagar Sahibganj, as also for issuance of a direction to withhold transfer till a combined gradation list on the basis of seniority is made, By a supplementary affidavit the petitioner has challenged the amalgamation of the cadres and transferability of the teachers vide order dated 30th March 1984 (Annexure 5).

(3.) In this connection our attention has been drawn to an unreported Division Bench decision of this Court in Bilat Jha v. State of Bihar, C. W. J. C. No. 2901 of 1981 disposed of on 4th October, 1983 (Annexure 2). The amalgamation of cadres of the teachers of Urban and Rural Elementary Schools was sought to be achieved by issuing an executive order. This court while quashing the amalgation order observed.