UNION OF INDIA Vs. NITYANAND JBA

JUDGEMENT

(1.) This appeal under Cl. 10 of the Letters Patent is directed against the judgment of a learned single Judge passed in C.W.J.C. 4585 of 1982 on 7-11-1983.

(2.) Respondent 1, Nityanand Jha, was appointed as a teacher in the Eastern Railway High School in Grade II on 26-11-1964 and respondent 2, Ramadhar Singh, was appointed sometimes in the same grade in 1977 and was working in Jhajha High School. On 25-9-1979 he was transferred to M. E. School Jhajha and respondent was sent in his place. On 25-9-1979 respondent 2 was reposted in the High English School and respondent No. 1 was transferred to Middle English School Being aggrieved by the aforesaid order respondent 1 moved this Court under Articles 226 and 227 of the Constitution which gave rise to C.W.J.C. 4585 of 1982.

(3.) A point was taken in that writ application that he was senior to respondent 2, Ramadhar Singh, having been appointed earlier and has been transferred from High English School to Middle English School and the transfer was discriminatory in nature. The learned single Judge, after hearing the case of the parties, held that respondent 1 being senior to respondent 2 was being transferred to a Middle School from a High School, the transfer was discriminatory, again, the well known principle that person having the same status should be transferred from one School to another and he, therefore, quashed the order of transfer. The learned Judge further gave the following direction: