BISHESHWARPRASADSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner has prayed for issuance of an appropriate writ for quashing the order dated 9-12-1991 issued by the Deputy Director of Secondary Education purported to be on behalf of the Director of Secondary Education where by the respondent No. 7 has been directed to continue to work as Assistant Teacher in R. Mitra Inter School, Deoghar and the petitioner has been adjusted in Sashibhushan Roy High School, Deoghar,

(2.) The basic fact of the matter is not in dispute.

(3.) The petitioner was appointed as an Assistant Teacher in R. Mitra Inter School, Deoghar wherein he joined on 13-12-1974. The petitioner subsequently did his M. A. in English and also did his M. A. in Hindi. The said R. Mitra Inter School has been converted into 3 (Plus) 2 School in 1986 and the petitioner was made the Head of the Deptt. of English. The petitioner subsequently was sent on deputation in Navodaya Vidyalaya Samiti Mirjapur Begusarai for a period of three years. Allegedly the respondent No. 7 was appointed against the vacant post of the petitioner wherein she joined on 11-2-1991. The said appointment was subject to the condition that when the petitioner would return upon completion of the period of deputation the respondent No. 7 will have to be adjusted some where. This fact emerged from a letter dated 13-2-1991 issued by the principal of the said school, addressed to the De uty Director of Education as contained in Annexure-7 to the writ application. The petitioner on completion of a period of deputation intended to join the said R. Mitra Inter School, Deoghar and he was posted there whereas the respondent No. 7 was transferred to the vacant post at R. L. Saraff High School, Deoghar, which allegedly is situated in the town of Deoghar itself and which is at a minutes walking distance from the said school. The said order is contained in Annexure-9 to the writ application. The petitioner joined the said R. Mitra Inter School. According to the petitioner the District Education Officer, however has hatched a conspiracy as against the petitioner and directed the principal, R. Mitra Inter School, Deoghar for not relieving the respondent No. 7. It is stated that the respondent No. 4 is very close relative of respondent No. 7 as husband of respondent No. 7 is also posted there. It is further stated that elder brother of respondent No. 4 is also posted on the post of District Education Officer, Deoghar. The petitioner as such smelt a foul play filed a representation on 8-10-1991 which is contained in Annexture-11 to the writ application.