JHABOO PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner being aggrieved by the notification contained in Memo No. 237 dated 31st December 2013 issued by the Respondent No. 3 - Deputy Secretary, Human Resources Development Department, Government of Jharkhand (Annexure -4), whereunder he has been transferred from the post of District Superintendent of Education, Giridih to the post of Principal, Primary Teachers Training College, Gumla, has preferred this writ application. At the same time, he has also sought a direction upon the respondents to allow him to continue on the present place of posting till normal tenure of three years.

(2.) THE petitioner's contention is that by notification of 30th December 2011 (Annexure -1), he was transferred from the post of Sub Divisional Education Officer, Godda to the post of District Superintendent of Education, Giridih which he joined on 02nd January 2012 and had been functioning thereafter without any complain. Again, by a notification of 29th December 2012, he was transferred as a Principal, Primary Teachers' Training College, Bundu where again he joined and served for about five months. On his representation, the State Government vide notification no. 70 dated 8th May 2013 again posted him on the same post of District Superintendent of Education, Giridih to which, he submitted his joining. Seven month thereafter, by the impugned notification dated 31st December 2013, he has been once again posted as a Principal, Primary Teachers Training College, Gumla (Annexure -4).

(3.) RESPONDENTS have appeared and filed their counter affidavit. As per the respondent State, the Rules for recruitment of officers in Class -II of State Education Service was notified in March 1974 which provides that the State Education Service comprises four branch which reads as under: