SMT.ABDA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is currently posted as an Assistant Teacher in Rajkiya Madhya Vidyalay, Chakia Urdu, Block -Chakia in the district of East Champaran. She wants her transfer to a school in Bahadurganj Block in the district of Kishanganj. According to her, there are three vacancies available in the School(s) in Bahadurganj Block against which she can be transferred from East Champaran. Her claim is based on Clause (CHA) of Rule 17(2) of the Bihar State Nationalised Primary Schools Teachers (Transfer and Disciplinary Proceedings) Rules 2002. Rule 17 deals with inter -district transfers of teachers and Clause (CHA) of sub -rule 2 provides that a lady teacher may be allowed inter -district transfer so as to post her in her home district or in the homo district of her husband. It is further provided that if the husband of a lady teacher is a Government employee in a district cadre, she may be allowed inter -district transfer so as to post her at the places of her husband 'sposting.

(2.) HOWEVER , her claim is not being accepted by the respondents in terms of the condition at Clause (ANGA) in Rule 17(2) that stipulates that an inter -district transfer would be permissible only once in the service tenure. The admitted fact is that the petitioner was appointed on 6.10.1977 as a teacher in the district of Darbhanga. At that time, her husband Md. Tasnif Hussain was also posted in that district. Later on, the petitioner 'shusband was transferred from Darbhanga to Purnea, that being his home district. The petitioner too was allowed inter -district transfer and she too was posted at a school in Purnea. Later on, the petitioner 'shusband was transferred from Purnea to East Champaran. He apparently resisted his transfer in CWJC No. 3162 of 1989 on the plea that his wife was posted in Purnea. In that case, a bench of this Court by order dated 25.5.1989 directed the concerned authorities to consider the posting of Md. Tasnif Hussain and his wife, the present petitioner at the same place. Following the direction of the Court, the petitioner too was posted to a school in East Champaran alongwith her husband. Admittedly the petitioner 'shusband retired from service sometime in the year 2001. According to the petitioner, after retirement he has settled down with their children at his home in the district of Kishanganj and it is in those circumstances that the petitioner wants her transfer to a school in Bahadurganj Block in the district of Kishanganj.

(3.) AS noted above, her claim was rejected by the departmental authorities on the ground that having already got inter -district transfers earlier, she could not be considered for any further inter - district transfer. To my mind, the stand taken by the authorities is unjustified and untenable. It may be noted that sub -rule 2 of Rule 17 lays down the conditions subject to which an inter -district transfer may be allowed. Clause (KA) provides for availability for a post. Clause (KHA) requires that the concerned teacher should have at least completed five years of service, but this condition is expressly not applicable in case of lady teachers. Clause (GA) provides that the concerned teacher should be trained. Clause (GHA) relates to teachers in B.A. trained scale or the Headmaster of a middle scale which clearly does not apply to the case of the petitioner. Clause (ANGA) lays down the condition of one inter -district transfer in the entire service tenure and then only comes Clause (CHA) relating to inter -district transfer of lady teachers. Placing the condition of one transfer during the service tenure above Clause (CHA) would suggest that lady teachers are kept beyond that condition and it appears to be rightly and justifiably so. A lady teacher may be allowed inter - district transfer on two grounds. One, for being posted in her home district or in the home district of her husband and the other, to be posted at the same place where her husband may be posted as a Government employee in a district cadre. By the very nature of the provision, a lady teacher, like the present one, may need more than one inter -district transfers in her service tenure and subjecting Clause (CHA) to the condition of only one inter -district transfer in the entire service tenure would frustrate the object and purpose of Clause (CHA). I am, therefore, of the view that Clause (CHA) relating to inter -district transfers of lady teachers is not subject to the condition of only one inter -district transfer during the service tenure.