KAMLESH KUMAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have challenged their transfer order on the ground that they have been transferred from Inspection Branch to Training Branch. The main contention of the petitioners is that the Training Branch is altogether different and ex -cadre transfer is wholly without jurisdiction.

(2.) COUNTER -affidavit has been filed on behalf of the respondents stating, inter alia, that the petitioners' cadre is Sub -ordinate Education Services (Primary Branch) which includes the Head Masters of Basic Schools, Lecturers, Primary Teachers' Training College, Block Education Extension Officer etc. and as such the petitioners' transfer is not an ex cadre transfer. The respondents have relied upon the circulars/instructions issued by the Government regarding the posting and transfer of the officers of the Sub -ordinate Education Service (Annexures -A, B and C).

(3.) LEARNED Counsel for the petitioners submitted that separate standards have been laid down for the Elementary Teachers' Training Education by the National Counsel for Teachers Education. According to the provisions, specific qualification and experience for the appointment of Teachers are required, which are not required for other branch. The petitioners do not possess such qualification and experience and they cannot be transferred to the Training Branch. The impugned order is arbitrary and unjust. The petitioners made representation before the respondents requesting them to consider and pass appropriate order in view of Rule 149(d) of the Bihar Education Code and the provisions of the N.C.T.E. Act, but the same is still under consideration and no order has been passed.