HISABI PRASAD MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioners has prayed for issuance of direction upon the respondents to pay his salary from 16.7.1999 to 12.12.1999, during which period he was not allowed to join the school due to certain defects in the notification transferring him from High School, Jaipur(Banka) to Bharat Shila High School, Shambhu Ganj, but the Headmaster of the school refused to accept his joining, though he was relieved from his previous school. The petitioner thereafter came to this Court for necessary correction in the notification transferring him from one school to another in C.W.J.C. No. 9320 of 1999 and the aforesaid writ application was disposed of by this Court vide order dated 11.11.1999, as contained in Annexure 3, directing the RDDE, Bhagalpur Division, to look into the matter and issue a revised (corrected) order in respect of the present place of posting, so that the petitioners joining in High School, Bharat Shila, may be accepted and pursuant to the order, passed by this Court, as contained in Annexure 3, the RDDE, Bhagalpur Division, passed an office order, as contained in Annexure 4, and corrected the earlier order of transfer of the petitioner making necessary correction and the petitioner thereafter joined the transferred school.

(3.) FROM the materials on record, it appears that the petitioner was prevented by sufficient cause in not joining the transferred school, as there was some defect in the order of transfer, which, subsequently, was corrected by the RDDE, Bhagalpur Division, pursuant to direction of this Court, as contained in Annexure 3.