CHANDRA KALA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) - The present writ application has been filed by the petitioner for quashing the order dated 20-5-1992 (Annexure-11) passed by the Respondent No. 3, pirector, Secondary Education, by which he has, inter oha, directed that the petitioner be transferred from her existing school to some other school in the district and Smt. Beena Kumari, Respondent No. 7, be allowed to remain in that school.

(2.) It is not in dispute that pursuant to the selection of the petitioner by the Bihar Sewa Board on the post of assistant teacher in history, an appointment letter dated 4-10-1988 (Annexure-1) was issued by the Respondent Director and she was posted in a high school at Barkagaon in the district of Muzaffarpur. In the last paragraph of the appointment letter it is mentioned that if there be no vacancy in the school of posting then the District Education Officer will adjust the teacher concerned in another school where there may be vacant post of the subject concerned and the same may be communicated to the Directorate. Since no post of history teacher was vacant in the school of original posting of the petitioner, the District Education Officer as per order dated 27-10-1988 (Annexure-2) posted her in Sarai Syed Ali Girls High School, Muzaffarpur (in short the school) on the post which had fallen vacant because of promotion/transfer of one Smt. Malti Verma, where she is still working.

(3.) It appears that thereafter the then Regional Deputy Director of Education, Tirhut Division, Muzaffarpur (R. D. D. E.) passed an order as contained in Annexure-3 transferring and posting 18 teachers from one school to another including respondent No. 7, who has been transferred from Girls High School, Hardi to the school in question allegedly in place of Smt. Malti Verma, who had since been transferred to some other school. According to the petitioner this order of transfer was passed by the Respondent - R. D D E. without there being any recommendation of the Divisional Level Establishment Committee as required under Rule 12 of the Bihar National Secondary Schools (Conditions of Service) Rules. 1983 (hereinafter to be referred to as the Rules only).