KRISHNA MOHAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ application for quashing the notification No. 181, dated 17 3 1993 (Annexure '1') issued by the Director (Administration) cum Deputy Secretary, Bihar in the Human Resources Development Department to the extent by which the petitioner has been transferred from the post of Principal Patna Collegiate School, Patna (hereinafter referred to as 'Collegiate School' only, for brevity) to the post of Principal, Government High School, Gulzarbagh, Patna and respondent No. 3 , Sri Jamuna Prasad Singh, an Assistant Teacher in the former school has been made the Principal thereof,

(2.) THE petitioner who holds M. Sc. Degree is an Assistant Teacher in Bihar Subordinate Education Service (Upper Division). His date of appointment is 13th November, 1958, Admittedly the petitioner is senior to respondent No. 3 and according to the petitioner his promotion to the regular cadre of Principal, had fallen due in 1985 itself. Keeping in view his seniority the petitioner has been entrusted the function of the Principal in different Zila School since 1979 whereas respondent No. 3 so far has acted only as an Assistant Teacher. The petitioner had been acting on the post of Principal in Patna Collegiate Plus II Zila High School since October, 1988. But by the impugned order he has been transferred to, act as Principal of a High School whereas respondent No. 3 has been allowed to act as Principal of Collegiate School.

(3.) TO substantiate the mala fides exercised by the respondents, the petitioner by way of supplementary affidavit has stated that the Establishment Committee as per the resolution dated 30th November, 1992 (Annexure '4') had resolved and recommended that the petitioner be transferred as Principal of Zila School, Muzaffarpur which is also a Plus II High School, and respondent No. 3 should be transferred as Principal of Government School Kankarbagh, Patna. But the said recommendation of the Establishment Committee has been arbitrarily reversed by the Minister, Human Resources Development Department without there being any good reason for the same. It has further been stated that as per the enquiries made by the petitioner the concerned Minister has acted in the impugned manner to the prejudice of the petitioner at the instance of Sri Ram Jiwan Singh Singh, the Agricultural Minister who wanted to favour respondent No. 3. It has further been stated that since the petitioner is drawing salary in pay scale of Rs. 2200 4000 it was incumbent upon the respondent to obtain approval of the Chief Minister for effecting impugned transfer but the same has not been obtained.