RADHA KRISHNA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Tej Bahadur Singh, counsel for the petitioner, G.R XII representing the State and Mr. Manan Kumar Mishra, counsel appearing on behalf of respondent no. 8.

(2.) THE question that arises for consideration in this case is what would be the basis of seniority for the purpose of transfer at the option of the teacher in terms of Rule 12(kha) of the Bihar Nationalised Secondary School Service Conditions Amendment Rules, 2006 issued under notification no. 1410, dated 5.8.2006.

(3.) THE petitioner then came to this court in CWJC No. 13628 of 2006 challenging the order, dated 19.10.2006 by which his transfer to M.P High School was cancelled and respondent no. 8 was sent to that school. According to the petitioner, though respondent no. 8 was appointed in 1970 long before him, he had lost his seniority on the basis of his date of appointment as a result of his transfer in September, 1990 from Saran Division to Patna Division that he had taken on his own request. It was contended that as a consequence of his earlier transfer his seniority could only be reckoned from the date he joined in the Patna Division and, he would, thus, rank much junior to the petitioner.