NIRMAL KUMAR DUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that the petitioner is challenging the order at Annexure-10 to the memo of the petition, whereby, the present petitioner has been transferred from 'Utkramit Madhya Vidyalaya Hesabero, Goilkera' to 'Utkramit Madhya Vidyalaya, Chandrajariki, Chakradharpur' vide order dated 23rd/24th December, 2011. Previously also, order of transfer of the year 2009 was challenged by way of W.P. (S) No. 4794 of 2009 and this Court passed an order dated 8th June, 2011 (Annexure-6) and direction was given to the State to consider the matter and because of earlier order in the writ petition, order of transfer dated 23rd/24th December, 2011 has been passed. It is further submitted by learned counsel for the petitioner that as stated in paragraphs 17 and 18 of the memo of this petition, there is no such school like 'Utkramit Madhya Vidyalaya, Chandrajariki, Chakradharpur' and some persons are already working on the said post. Be as it may, but the fact remains that the petitioner had gone to resume the duties and he was not allowed. Moreover, the petitioner is not getting salary since last three years, as stated in paragraph 25 of the memo of this petition and, therefore, the order of transfer at Annexure-10 may be quashed and set aside and the respondents may be directed to make the payment of salary for the period of three years, as stated in paragraph 25 of this petition. Learned counsel for the State is seeking time to file counter-affidavit.

(2.) It is submitted by learned counsel for the State that immediately upon receiving the memo of the petition on 13th March, 2012, a letter was written on 14th March, 2012 to the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi and to such other persons, who are party respondents in this case, but, nobody has replied, till today.

(3.) Learned counsel for the State further submitted that the Nodal Officer, who has been appointed by the State, namely, Shri Anil Kumar Jaiswal had talked with the Director, Primary Education, who is respondent No. 3, whose phone number is 0651-2401797, today i.e. on 27th July, 2012 at 11:47 hours.