IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7779 of 2009 MALTI KUMARI, W/O TRIDEO SHARMA, R/O VILLAGE- DARIYAPUR, P.S.-NAUBATPUR, DISTRICT-PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 4. THE BLOCK DEVELOPMENT OFFICER, NAUBATPUR, PATNA. 5. THE BLOCK EDUCATION EXTENSION OFFICER, NAUBATPUR BLOCK, NAUBATPUR, PATNA. 6. THE MUKHIYA, GRAM PANCHAYAT RAJ, DARIYAPUR, P.S.-NAUBATPUR, DISTRICT-PATNA. 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, DARIYAPUR, P.S.-NAUBATPUR, DISTRICT- PATNA. …………………RESPONDENTS. ----------- 4 25.08.2010 While the petitioner was posted in Primary School, Abgilla in Naubatpur Block, some untoward incident happened with her. She accordingly, filed an FIR with the police. But as she felt some threat to her life and security she represented before the authorities for her transfer to any other school. Pursuant to her said representation, by order contained in memo no.121 dated 6.12.2006 (Annexure-2), the Block Education Extension Officer placed the petitioner on deputation in Middle School, Dariyapur in the Naubatpur Block. As she was on deputation there, she had to be paid her salary from 2 Abgilla School itself. Later on in the light of some resolution of Panchayat Teachers Employment Committee she was directed by the Mukhiya of Dariyapur, vide Annexure-5, to rejoin in Abgilla School. Petitioner has challenged the said order of the Mukhiya in this writ application. The contention of learned counsel for the petitioner is that, due to the pending criminal case, in which she is the informant she is not feeling safe to attend the school at Abgilla and, therefore, she should be allowed to continue in Dariyapur school, for which petitioner had already submitted her representation to the District Magistrate, Patna for her absorption in the Dariyapur school and payment of her salary, which was forwarded by the District Magistrate, Patna, through his memo no. 1774 dated 19.02.2009, to the District Superintendent of Education, Patna (Annexure-6). As the petitioner faced difficulty in payment of her salary she has also prayed in writ application for a direction to the respondents Mukhiya and Panchayat Secretary of Gram Panchayat Raj Dariyapur for release of the same. 3 The State has filed counter affidavit in which it is accepted that the petitioner is entitled for her payment. Earlier notices were issued to respondent nos. 6 and 7 and they have appeared through their learned counsel and have also filed counter affidavit. Learned counsel appearing for respondent nos. 6 and 7 submits that in Abgilla School there are about 150 students and there is only two sanctioned post of teachers out of which petitioner was one of them. Now after deputation of petitioner in Dariyapur School the school is facing difficulty in teaching of the students by only one teacher. Therefore, it was urgently required that the petitioner joins back in Abgilla School for proper teaching of the students. He submits that in case the authorities decide that the petitioner should continue in Dariyapur school on account of her apprehension to her life and security at of Abgilla, they should transfer and post some other teacher in Abgilla school. He also submits that as per the strength of the students the school is entitled for sanctioning of additional unit 4 of teachers. The grievances of the respondent nos. 6 and 7 are genuine. In case due to fear of life and security, the petitioner is allowed to function at Dariyapur school on deputation it would be better that she is transferred and posted there on regular basis if sanctioned vacant post is available. If the post is not available then the respondents may also consider transferring some teacher from there so that Abgilla school may get an additional teacher for teaching the students and the post becomes vacant for the petitioner at Dariyapur. The respondents must consider this arrangement in case they feel that petitioner should be allowed to continue at Dariyapur school. The grievance of respondent nos. 6 and 7 that, as per the strength of the students, the Abgilla school should get an additional unit besides two units already sanctioned, should also be considered by the respondents expeditiously. So far as the order of Mukhiya is concerned, the same is quashed in view of the grievance of the petitioner that she has some threat to her life and security while 5 functioning in the Abgilla school. The respondent District Superintendent of Education, Patna is directed to see as to what arrangements can be made for proper functioning of Abgilla School and sufficient unit of teachers there as well as for security of the petitioner in view of the observations made in this order. Final decision and consequential orders should be passed by the respondent District Superintendent of Education in the matter preferably within a period of one month from the date of receipt/production of a copy of this order. In the meanwhile, the respondent nos. 6 and 7 should ensure payment of arrears as well as current salary of the petitioner immediately. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)