BRAJ BALLABH PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT was posted as Assistant Teacher in Rajkiya Madhya Vidyalaya, Giddore (Itkhori). On 12.5.1994 he was transferred to Primary School, Tikulia within Simaria Anchal. His representation against the transfer was not disposed of by the Deputy Commissioner and/or the District Superintendent of Education, Chatra. As such, he filed CWJC No. 1930 of 1994 @ in this Court, which was allowed to be withdrawn on 15.2.1995, to pursue the representation before the competent authority.

(2.) HE claimed that the District Superintendent of Education verbally allowed his representation and directed him to work at Giddore, but Headmaster of the said school did not allow him to join. He, therefore, filed CWJC No. 1059 of 1995@, which was disposed of on 21.7.1995 with a direction to the authorities to recall order of his transfer dated 12.5.1994. Thereafter on 18.8.1995 said transfer order was withdrawn, but his arrears of salary for the period from July, 1994 onward was not paid. Hence, he filed CWJC No. 171 of 1996@ in this Court, which has been dismissed by the learned Single Judge on 16.8.2000 holding that he was not entitled to get his salary for the period he did not discharge his duty as Assistant Teacher at the transferred place.

(3.) IT appears that during pendency of his representation against the order of transfer dated 12.5.1994, the District Superintendent of Education deputed him in training course at Simaria from 4.4.1995 to 14.4.1995 treating him as an Assistant Teacher of Giddore Middle School. Again for the period 5.5.1995 to 8.5.1995 he was sent for training at Ranchi. Subsequently by interim order dated 16.5.1995 passed in CWJC No. 1059 of 1995.(R) this Court directed him to continue in his previous position, i.e. at Giddore, if no body had joined in his place in the said school after his transfer on 12.5.1994.