Patna High Court CWJC No.2278 of 2009 (6) dt.26-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2278 of 2009 ====================================================== Jawahar Prasad Singh & Ors .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. (Gp17) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 6 26-08-2011 Heard counsel for the petitioners and counsel appearing for the State. Petitioners are working as Assistant teachers in Primary schools. They are residents of Saharsa District. They had joined service as Assistant Primary Teachers at Saharsa in between the year 1985 to 1988. The District of Saharsa was bifurcated into Saharsa and Supaul District in the year 1992. At the time of bifurcation of the District, petitioners were working in such schools which fell within the territory of Supaul District. Petitioners’ case is that the department immedicately after bifurcation had given opportunity to teachers’ working in the district of Saharsa and Supaul for giving their opinion, if they want to be posted at their home district. Petitioners also had given their option for Patna High Court CWJC No.2278 of 2009 (6) dt.26-08-2011 being shifted and posted at their home district, Saharsa. Such options were allowed on the basis of seniority/gradation and availability of posts. Some of the teachers were transferred to their home districts at Saharsa and Supaul, but petitioners’ options were not allowed in view of considering their seniority, gradation and availability of posts. The best part of this Government resolution relating to inter-district transfer was that teachers exercising such options were not going to loose their seniority. Case of all these petitioners is that originally they were appointed at Saharsa district, which is also their home district. All of them had given their options for being transferred to Saharsa but considering petitioners’ seniority, gradation and availability of posts, their options were not allowed. Subsequently, the department of Human Resources & Development Government of Bihar notified transfer Rule Vide memo no. 1178 dated 5.8.2006, which provided for optional inter-district transfer. This gave an opportunity to the petitioners to come back to their home district, but on specific condition that upon their willful transfer they shall have to loose their seniority. In other words their seniority shall be reckoned afresh after joining in the new district cadre. Rule 8 of 2006 Rules, Patna High Court CWJC No.2278 of 2009 (6) dt.26-08-2011 deals with the inter-district transfer of the teachers, and provides that their seniority will be determined from the date of their joining at new district. Rule also provides that in case of inter-district transfer the seniority of teacher in the cadre of transferred district will be with effect from the date of their joining. It means that they will loose their seniority. It is submitted by the petitioner’s counsel that petitioners’ had opted for their transfer in the year 1993, when the district was bifurcated, but only because of non- availability of vacant post and seniority, they could not be transferred. Subsequently when they gave their options under 2006 Rules and have been transferred to home district Saharsa, their seniority is affected, though it should not have been affected, considering their option of 1993. Petitioners’ should have been given same benefit as it was allowed in case of those teahers, whose options were considered and given effect to in the year 1993. It has also been submitted by the petitioners’ counsel that though their options for transfer had been allowed under 2006 Rules, they are entitled for inter-district transfer, without loosing their seniority as they were being transferred to their home district. Counter affidavit has been filed on behalf of the Patna High Court CWJC No.2278 of 2009 (6) dt.26-08-2011 State, completely denying petitioners’ claim. It has been stated that petitioners’ claim is not tenable, considering their optional inter-district transfer under the provisions of 2006 Rules. Petitioners’ seniority can not be maintained in the gradation list according to their length of service and seniority, after optional transfer from one district to other district. I find that the statement made in the counter affidavit, is in consonance of the provision under 2006 Rules, petitioners’ options have not been allowed under the special provision of Government in 1993. Petitioners’ have continued to work at Supaul and became part of the District cadre of Supaul, now they are being transferred to another district cadre at Saharsa. Saharsa, might have been their home district but so far cadre is concerned, they were in District cadre of Supaul. Rule is settled in this regard, that whosoever will opt for his transfer from one cadre to another cadre, will loose his seniority and will be placed at the bottom in the seniority list of transferred cadre. Petitioners’ cannot claim any benefit other than the benefit for which they are entitled under 2006 Rules. Petitioners’ seniority shall be maintained in the district seniority list of teachers, Saharsa, as Rule 2006 Rules, i.e. with effect from the date of his joining. Patna High Court CWJC No.2278 of 2009 (6) dt.26-08-2011 The writ application stands dismissed. Arun Kumar/- (Mridula Mishra, J)