NUTAN KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned counsel for the petitioner and for the respondent School. The petitioner, a Teacher in the respondent school is aggrieved by her order for transfer dated 9.5.2012 from D.A.V. Public School, Patliputra to the D.A.V. Public School, SECL Chhal District-Raigarh.

(2.) Learned counsel for the petitioner submits that the transfer is malicious, punitive, without an opportunity to represent against the same, and a consequence of her husband, a physical education teacher at the Khagaul Branch of the School, protesting against the school management on behalf of the Association of Teachers regarding service issues of teachers.

(3.) Earlier, she was posted at Begusarai on 20.5.2000 denying her any of the three options submitted for posting. When she reminded the authorities for her D.A. and T.A. she was transferred to Aurangabad on 13.3.2004. Barely three months later she was transferred to Patna on 20.6.2004. She was again denied T.A. and D.A. alleging that it was a posting at her request. She had represented her service grievances which included arrears of salary, time bound promotion etc. On 28.4.2012 she requested for posting at Khaugal as the incumbent was to retire and the petitioner's husband was posted in Khaugal. It was denied. Her husband was threatened for spearheading issues on behalf of the teachers association. He filed informatory petition No. 2820 of 2010 before the Chief Judicial Magistrate, Patna on 6.9.2010. C.W.J.C. No. 1824 of 2011 was also filed by him for upgradation/promotion/regularization of teachers in which notice has been issued. He had also lodged a complaint on 7.2.2012 against the school management before the C.B.S.E. and the Bihar Vigilance Commission. He had sought information under the R.T.I. Act which was denied. On 25.1.2012, show-cause was issued by C.B.S.E. to the school at Khaugal why provisional affiliation may not be withdrawn for failure to furnish information under the R.T.I. Act. Her husband has also been transferred on 6.1.2011 to the D.A.V. Public School, SECL, Jhillmilli, Pandavpura, District-Korea in Chattisgarh. He has also been subjected to departmental proceedings unreasonably.