RATNESHWARI SINGH Vs. THE STATE OF JHARKHAND THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, RANCHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent State.

(2.) The petitioner is working as Assistant Teacher in the district of Hazaribag, and she is aggrieved by the order as contained in Memo No. 2785 dated 20.12.2014, passed by the respondent No. 4, the District Superintendent of Education, Hazaribag, whereby, her claim for salary for the period 7.8.2001 to 18.1.2002 has been rejected. The petitioner has made yet another prayer in the writ application for grant of Medical Leave from 11.7.2000 to 6.8.2001, but it is submitted that in view of the decision taken by the respondent authorities, the petitioner is not pressing this prayer in this writ application.

(3.) The facts of this case lie in a short compass. The petitioner was working as Assistant Teacher in K.B. Middle School, Municipality, Hazaribag. She, along with other teachers was transferred by the order as contained in Memo No. 2300 dated 30.6.2000, and she was posted at Primary School, Bhandara, Barhi, and she was also relieved for joining on 15.7.2000. The petitioner, however, did not join the said post and in the meantime, another order as contained in Memo No. 2622 dated 4.8.2001 was issued by the respondent No. 4, whereby she was again posted in her original school, i.e., K.B. Middle School, Municipality, Hazaribag. Pursuant to the said order, the petitioner gave her joining on 7.8.2001 and started working there. Yet another order, as contained in Memo No. 3748 dated 8.8.2001 was passed by the respondent No.3, Dy. Commissioner, Hazaribag, whereby operation of subsequent transfer order, as contained in Memo No. 2622 dated 4.8.2001 was stayed. All the concerned were directed not to relieve any teacher and even if any teacher had been relieved they shall not be allowed to give their joining in the school, where they were transferred. It was also made clear that all transferred teachers shall be deemed to be working in their original school, from where they were transferred pursuant to the order as contained in Memo No. 2300 dated 30.6.2000. The said order was communicated through wireless to all concerned. However, the case of the petitioner is that she continued to work in K.B. Middle School, Municipality, Hazaribag, from 7.8.2001 to 18.1.2002, thereafter she was relieved from the said school.