PRATIBHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State of Bihar. The petitioner seeks quashing of the transfer order dated 27.6.2014 issued under the signature of Director, Primary Education, Government of Bihar to the extent it relates to petitioner's transfer from the post of Principal, Government Basic School, Karmadih, Muzaffarpur to Government Basic School, Balua Harsidhi, East Champaran.

(2.) From the impugned order it appears that transfer order with respect to the several teachers of Basic School including the petitioner has been issued on the basis of their respective representations. It has been also mentioned in the said order since the transfers are being made on the basis of their representation, they will not be entitled for transfer allowance.

(3.) It has, however, been stated in the supplementary affidavit filed on behalf of the petitioner that she did not make any request for transfer to another school in the district of East Champaran from Muzaffarpur. He submits that the said transfer cannot be said to be based upon the representation filed by her and cannot be treated as request transfer. It has also been stated that against the activities of certain disgruntled and rowdy elements in the school, the petitioner had made a complaint before the District Magistrate, Muzaffarpur vide her letter dated 28.5.2014, which probably has been taken to be her representation for transfer, which is not the fact.