CHINTAKUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner questions the order of transfer dated 6-12-1990 passed by the respondent No. 2 and as contained in Annexure-3 to the writ application whereby the respondent No. 3 had been posted for a period of one year in the school in question of deputation as also for quashing of an order dated 5-6-1989 as contained in Annexure-4 to the writ application whereby her representation for being recognised as ; a Founder Headmistress of the school has been rejected.

(2.) The petitioner challenged the said orders, principally on two grounds : (a) She being a Founder Headmistress, the respondent No. 4 could not have been posted on deputation as Headmistress (b) The cadre of the respondent No. 4 being that of the project school, she could not have been transferred to a nationalised school, whose cadre is different.

(3.) AccordingJo the petitioner she was appointed as Founder Headmistress of the School on 29-9-1978. The State while considering the matter of grant of permission to establish she said school called for a leport from the District Education Officer who by his report dated 2-12-1981 recognised the status of the petitioner as Founder Headmistress. The permission to establish the school was granted on 23-1-1982 The petitioner thereafter was allegedly reverted to the post of Assistant. Teacher by the Managing Committee of the said school and in her place appointed one Narendra Kumar Singh as the Headmaster of the school on 1-4-1982. The petitioner allegedly filed a representation on the same day which is contained in Annexure-1 to the writ application.