RABI SHANKAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing of memo No. 1024 dated 18-7-1992 as contained in Annexure-1 to the writ application, whereby the petitioner has been transferred from Middle School, Somaria West Revilganj to the Middle School, Benaut Ekma Saran.

(2.) The petitioner was working as Head-master of Middle School, Somaria West Revilganj He joined the said post on 3-5-1989. He was transferred to Middle School, Benaut Ekma by order dated 18-7-1992. The petitioner has stated that after issuance of Annexure-1, he went to join the post on 3-8-1992, but he was not allowed to join the same as no post of Head-master was vacant in the said School. The petitioner has contended that Kailashpati Singh who was working as Head-master of the said school has also made representation to the aforementioned effect. Thereafter a correction slip was issued by the District Superintendent of Education, Saran on 10-8-1990 as contained in Annexure-5 to the writ application, whereby the petitioner was directed to join Girls Middle School. Benaut Bathani Tola. The petitioner has contended that as he has not completed the period of five years and in view of the policy decision of the State of Bihar to stay the general and pass transfer, no order of transfer could have been passed. The petitioner has also contended that the District Superintendent of Education, Saran, Chapra by letter No. 1436 dated 26-9-1992 has stayed the transfer orders as contained in Annexure-1 to the writ application. According to the petitioner, letter No. 1024 dated 18-7-1992 whereby the petitioner has been transferred has not been stayed.

(3.) From a perusal of the order dated 18th July, 1992 as contained in Annexure-1 to the writ application, it appears that three Head-masters have been transferred on administrative exigency. By reason of the impugned order dated 10-8-1992 a correction slip has been issued to the effect that although the petitioner was, in fact transferred to the Girls' Middle School. Benaut Bathani Tola in the village of Ekma but in the order of transfer only Middle School, Benaut, Ekma has been mentioned by mistake.