IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17247 of 2009 1. VIJAY KUMAR S/O CHANDRA KANT KAMAT R/O VILL KAMARKALA, PS.BIRAUL,DISTT-DARBHANGA ……PETITIONER. Versus 1. THE STATE OF BIHAR , THROUGH THE PRINCIPAL SECRETARY (PRIMARY, SECONDARY AND ADULT EDUCATION) NEW SECRETARIAT, VIKAS BHAWAN , BAILY ROAD, PATNA 2. DISTRICT SUPERINTENDENT OF EDUCATION DARBHANGA-CUM -DISTRICT PROGRAMME CO- ORDINATOR BIHAR SHIKSHA PARIYOJNA(DISTRICT EDUCATION PROJECT )DARBHANGA 3. BLOCK EDUCATION EXTENSION OFFICER BIRAUL, DARBHANGA ………..RESPONDENTS. ----------- 2/ 06.04.2010 Heard the counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the District Superintendent of Education, Darbhanga, for implementing his own order contained in Letter No. 2183 dated 18.07.2009 (Annexure-1), whereby one Ganesh Yadav was directed to handover charge to the petitioner and in case of failure a departmental proceeding was directed to be initiated against him. Petitioner’s case is that he was transferred to Middle School, Kayalajaan Biraul Prakhand, Darbhanga, in the light of the transfer order contained in Memo No. 6286 dated 19th November, 2007, issued on the basis of the Resolution, taken in the meeting of the District Primary Teachers Establishment Committee. On his joining in the transferred school the then In-charge Head Master, Ganesh Yadav was not handing over charge and even continued to discharge the duties of Drawing and Disbursing Authority. In this - 2 - regard, from the office of Block Education Extension Officer, several orders were issued, directing the Ganesh Yadav to handover charge to the petitioner, within the scheduled time or otherwise, he will have to face consequences like departmental proceeding. Petitioner was still waiting for handing over the charge by the Ganesh Yadav. In the meantime, one Mahakant Kuer joined as In-charge Head Master in that very school, in the light of a decision taken by the District Superintendent of Education. Annexure-9 is the order issued by the District Superintendent of Education, dated 28.10.2009, whereby the petitioner was informed that Mahakant Kuer, being the seniormost teacher, will act as the In-charge Head Master and all administrative powers should be handed over to him. Petitioner’s grievance is that Mahakant Kuer though earlier transferred to this school but since he refused to join, the earlier transfer order, posting him in the very school, vide order of transfer issued in 2007 had been cancelled, on account of cancellation of transfer order in favour of Mahakant Kuer petitioner could be transferred in the school in question. For proper adjudication of the case, petitioner should represent his case before concerned authorities, may be the D.S.E., Darbhanga, who will find out whether earlier transfer order issued in favour of the Mahakant Kuer has already been cancelled and petitioner, subsequently could be transferred on that post. He - 3 - will also find out that how and under which circumstance Mahakant Kuer has again been posted in this school. The legality and propriety of this case will also be examined by the D.S.E. Darbhanga, on the representation filed by the petitioner. The representation should be disposed of within four weeks from the date of filing of the representation. Sanjeet/ (Mridula Mishra, J.)