ABU MOZAFFAR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed challenging the order dated 18.2.1981, contained in Annexure-6, by which the Director, Secondary Education, Bihar, has transferred Trilok Nath Jha, respondent No. 5, who was working as Headmaster, High School, Dhorai Pepra, district Purnea, as Headmaster of High School, Azad Nagar, Chattargarh within the same very district.

(2.) THE short facts for disposal of this writ application are that the petitioner was appointed on 2.1.1964 as an assistant teacher in National High School, Kishanganj and he continued there till 16.7.1965. On 17.7.1965 he was appointed as an assistant teacher in Insan High School, Kishanganj and he worked in that school as Headmaster from 14.11.1966 to 13.11.1971. On 2.9.1971, the petitioner was appointed as Headmaster in High School Azad Nagar, Chhattargachh within the district of Purnea. THE petitioner was allowed to continue in that school as Headmaster till 24.2.1980. On 25.2.1980, one Shri M.P. Verma was appointed as Headmaster of that school who continued on the said post till 1.10.1980 and thereafter by virtue of the order dated 3.11.1980 the petitioner is continuing as incharge Headmaster. When the order of transfer was passed on 18.2.1981, the petitioner was working as incharge Headmaster in the school in question.

(3.) LEARNED Counsel appearing on behalf of State and respondent No. 5 contended that the petitioner has no right to challenge the order of transfer of respondent No. 5. According to learned counsel, the petitioner was not the senior most teacher in the school in question, but the senior most teacher in the school was one Shri Ekram Hussain. The question who was the senior most in teacher in Azad Nagar school is not necessary to be decided in the present case, but one thing is clear that the Board is treating the petitioner to be incharge Headmaster, Of course, by this it cannot be inferred that the petitioner is senior most teacher in the school in question. The question of seniority of the petitioner vis-a-vis Shri Ekram Hussain can be decided by appropriate authority in accordance with law.