MANOJ KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed at the instance of 20 people employed as Assistant Teachers in Nationalised Elementary Schools. Petitioners 1 to 10 are posted in schools in the State of Jharkhand and petitioners 11 to 20 in schools in Bihar. The Page 2008 first group (petitioners 1-10) wants to come over to Bihar and the second group (petitioner 11-20) wants to go over to Jharkhand. The petitioners take the plea that if it is not possible to transfer them independentally, they may at least be allowed mutual transfers; petitioners 1 to 10 may be transferred to Bihar and petitioners 11 to 20 be sent to Jharkhand in their place.

(2.) BEFORE proceeding further, it may be noted that petitioners 1 to 6 and petitioner No. 10 had earlier come to this Court in CWJC No. 7944 of 2005 seeking the same relief. At that time, their representation(s) before the State Advisory Committee constituted for division of cadres between the two States was pending and for that reason, this Court declined to entertain their plea and disposed of the writ petition by order dated 15.07.2005 (Annexure-4).

(3.) THE legal position on the issue is very clear and, therefore, the Court would refrain from giving any positive direction in the matter. But since the petitioners want mutual transfers and since the two groups are matching, having equal numbers, there is no reason why the two State Governments should not consider their request sympathetically. In an earlier case, this Court had the occasion to observe that the division of the State has caused much hardship to the people of Bihar and had further observed that the authorities should act in a manner to minimize the pains of division and not to cause any further inconvenience and harassment to the people. It is expected that the two Governments will consider the petitioners request in that light. A final decision in the matter is expected to be taken by the two Governments within two months from the date of receipt/ production of a copy of this order before the Secretaries, Department of Primary Education of the two State Governments.