HIRALIA BOXLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 26th February. 2002, whereby the D.S.E., Gumla transferred the petitioner on the ground that the post against which the petitioner is working is a post under Plan head and for that the petitioner is not getting salary since long.

(2.) ACCORDING to the counsel for the petitioner, the ground shown in the order dated 26th February, 2002 in non est as the petitioner is getting regular salary and has also received salary upto January, 2002. Merely on the ground that it is a post under Plan head no person can be transferred is not the true picture, rather a post under Non -plan head is still vacant in the school, in question.

(3.) IF it is found that the petitioner has been paid salary till January, 2002, merely on the ground that it is post under Plan head, the D.S.E. will not transfer the petitioner and, in such case, he will recall the order, contained in Memo No. 966 dated 26th February, 2002.