IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17196 of 2008 YOGENDRA KUMAR BHARTI Versus THE STATE OF BIHAR & ORS ----------- 3. 15.04.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner, a Panchayat Teacher, was posted at Primary School, Panchayat Siriyawan. He has been transferred/ adjusted to the Primary School, Chouriya in the same Panchayat on 1.9.2008. He joined there when on 20.10.2008 he has been reverted back to the Primary School at Siriyawan on the premise that there were only two sanctioned posts of teacher in the newly created Primary School at Chouriya and teachers were working against both those sanctioned posts. Mr. Shahi submits that in fact there are four sanctioned post in Primary School at Chouriya. It is the prerogative of the employer to decide where it will post its employee. Unless there be reasons sustainable in law under the Service Rules it shall not be open for the employee to question the employer’s decision. When an employer transfers an employee there is a presumption of correctness of the order of transfer which includes the issue of vacancy. If the employer then decides to keep shuffling the employee round the year it would be privilege of the employer but it would be the privilege of the employee to keep receiving his salary even if it means that the employee for that reason has had no duties to discharge. It cannot be the defence for the employer to state that because of the lapses of the employer the service of the employee could not be utilized and therefore he does not deserve salary. Where a teacher has to be posted and in which school is for the administrator to decide to facilitate smooth imparting of education. The petitioner cannot be made to suffer. The only ground on which his salary can be denied is that if he does not report for duty at the place of duty where he is posted or retransferred. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)