PREM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties online because of COVID-19 pandemic restrictions.

(2.) The petitioner was appointed as a Secondary Teacher (Math) and posted in Shri Krishna Mohan Smarak High School, Teus in the district of Sheikhpura (hereinafter referred to as "Teus High School") in January 2007. There does not appear to be any dispute that the service of the petitioner, at the time of his appointment, was governed by Bihar District Cadre Secondary and Senior Secondary Teacher (Appointment and Service Condition) Rules, 2006 (hereinafter referred to as "the 2006Rules"). Rule 10(1) of 2006 Rules specifically prescribed that the post of secondary teacher shall be non-transferable. The proviso to sub-rule (1) of Rule 10, however, permitted such teachers to avail two optional transfers after completion of three years of service, during their service period. Sub-rule (3) of Rule 10 of 2006 Rules authorised a Committee constituted under Rule 6(vi) of 2006 Rules to carry out necessary transfer for removal of 'subject anomalies'.

(3.) With the issuance of an order dated 06.09.2019, under the signature of the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Sheikhpura (Respondent No. 6), the petitioner was transferred and posted to Utkramit Uchcha Vidyalaya, Badshahpur (Sheikhpura). The said order was issued on the basis of decision of the said committee taken in its meeting dated 06.09.2019 in exigencies of service. The petitioner represented against the said transfer by making representation on 12/11/2019 and thereafter he approached this Court by filing writ application under Art. 226 of the Constitution of India, giving rise to CWJC No. 24880 of 2019, as his representation was not being considered. The petitioner was apparently relying on the provision under Rule 10(1) of 2006 Rules, according to which, the post was non-transferable. The writ application was disposed of by this Court by an order dated 20.12.2010 with a direction to Respondent No. 6 to dispose of the petitioner's representation within two months.