IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7319 of 2009 DR.KRISHNA KUMAR SON OF SHYAM SUNDAR PRASAD, RESIDENT OF a/96, Road no.7, Sanjay Gandhi Nagar, Hanuman Nagar,KANKARBAGH, P.S. PATRAKAR NAGAR, DISTRICT PATNA, AT PRESENT WORKING AS LECTURER, DEPARTMENT OF PHYSICS, JAG JIVAN COLLEGE, ARRAH.--- --Petitioner( In both the cases) Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HIGHER EDUCATION, BIHAR PATNA 2. THE VICE CHANCELLOR, VEER KUNWAR SINGH UNIVERSITY, ARA BHOJPUR 3. THE REGISTRAR VEER KUNWAR SINGH UNIVERY, ARA, BHOJPUR 4. THE FINANCE OFFICER, VEER KUNWAR SINGH UNIVERSITY, ARA BHOJPUR 5. THE PRINCIPAL, G.B.COLLEGE, RAMGARH, KAIMUR, BHABHUA 6. THE PRINCIPAL, J.J.COLLEGE, ARA (BHOJPUR)---- RESPONDENTS. ( In both the cases) with CWJC No.9196 of 2009 DR.KRISHNA KUMAR . Versus VEER KUNWAR SINGH UNIVERSITY & . ----------- For the Petitioner:- Mr. Vinod Kanth, Sr. Advocate & Mr. Akashdeep,Advocate For Respondents:- Mr. Vinay Kirti Singh,Advocate 2 11.02.2010 Prayer of the petitioner in both the writ applications being inter linked, and taken up together and disposed off by a common order. Petitioner was appointed as Lecturer in the department of Physics, G.B.College, Ramgarh (Kaimur) and his services were regularized through notification contained in Memo No. R/153/GXA dated 24.5. 2006 with 2 effect from 19.3.1986. He was transferred from Gram Bharti College, Ramgarh (Kaimur) to J.J.College, Arrah along with 17 others, on the recommendations of the Transfer Committee vide notification contained in memo No. 719/Estab/08 dated 23.10.2008. Petitioner gave his joining in the department of Physics, J.J. College, Arrah on 17.11.2008, which was accepted by the Principal, Jag Jivan College, Arrah, Bhaojpur. The Principal of J.J.College, Arrah also gave intimation of petitioner’s joining to the Registrar, Veer Kunwar Singh University, Arrah through letter no. 551/2008 dated 18.11.2008. The Principal of G.B.College, Ramgarh was also intimated about petitioner’s joining as well as for sending petitioner’s relieving order and Last Pay Certificate. Petitioner’s case is that after joining he started teaching the students and he was made Admission Coordinator through office order dated 7.7.2009 and the Computer Incharge for 3 the College vide order dated 14.7.2009. Despite the fact that all respondents were knowing about petitioner’s transfer, his joining and discharging his duties at J.J.College, Arrah since 18.11.2008, his salary was not being paid. Petitioner, therefore, on 5.12.2008 represented before the Registrar, Veer Kunwar Singh University, Arrah with supporting documents, requesting to release his salary. The Principle of J.J.College Arrah also requested the respondent no.5 through his letter No. J.C.543/09 dated 28.2.2009 for necessary directions, so that petitioner be paid his due salary. Despite all these efforts there was no response from the Registrar, Veer Kunwar Singh University, Arrah and the Principal, Gram Bharti College, Ramgarh ( Kaimur), as Last Pay Certificate and relieving orders were not sent to Principal, J.J.College, Arrah. Finally on 29.6.2009 petitioner filed CWJC No. 7319 of 2009 for a direction to the 4 concerned authority for payment of his arrears of salary from October, 2008 and current month to month salary. Petitioner’s case is that immediately after filing of writ application by the petitioner, within nine months of earlier transfer, again a transfer order was issued through Memo no. 182/Estab/09 dated 13.7.2009, whereby the petitioner was retransferred to G.B. College, Ramgarh (Kaimur). C.W.J.C. No. 7319 of 2009 has been filed by the petitioner for a direction to the respondent to release his arrears of salary as well month to month current salary. CWJC No. 9196 of 2009 has been filed by the petitioner for quashing of the order of transfer contained in notification issued vide memo no. 182/Estab/09 dated 13.7.2009. The transfer order has been challenged by the petitioner on the ground that it suffers with bias and malafide. Petitioner was transferred on the recommendation of the 5 Transfer Committee for academic and administrative grounds, after 22 years of his continuous service, from G.B.College, Ramgarh to J.J.College, Arrah. There was no obvious reason for retransferring him to G.B.College, Ramgarh. Only obvious reason for issuance of second transfer order is that petitioner filed writ application before the High Court for a direction to the respondents to make payment of his arrears of salary. During the pendency of the writ application I.A. No. 6415 of 2009 was filed by the petitioner for a direction to make payment of his arrears of salary as well as month to month current salary. That was taken up and time was allowed to the Counsel appearing for Veer Kunwar Singh University, Arrah for filing counter affidavit. The University in the meantime issued letter No. 1135/Estab/09 dated 22.12.2009 under the signature of the Registrar of the University, whereby the 6 petitioner has been directed to take classes at G.B.College, Ramgarh (Kaimur) for three days in a week. Counsel appearing for the petitioner has alleged that it is deliberate and willful disobedience and defiance of the order dated 13.8.2009 passed by the Court, whereby the transfer order has been stayed. The University in its counter affidavit has completely denied that the second transfer order had been issued against the petitioner, retransferring him from J.J. College Arrah to G.B.College, Ramgarh due to malafide or bias. The transfer order had been issued for administrative and academic reason and the Vice Chancellor of the University is empowered under sub Section II and XIV of Section 10 of the Bihar Universities Act to transfer the teachers from one college to another of the department of the University for academic reasons. The Vice Chancellor exercises general 7 control over the college and institution under the University, for maintaining academic and administrative discipline. In the present case the petitioner was transferred from G.B. College, Ramgah to J.J.College, Arrah without considering this fact that in the department of Physics, G.B.College, Ramgarh, there is no other teacher than the petitioner. The students of G.B. College, Ramgarh were going to suffer on account of the transfer of single Lecturer in the Department of Physics, as there was no other teacher to engage classes. Petitioner, despite his transfer order would not have been relieved by the Principal of the College, in case he had completed formality of relieving and handing over the charge of the department. For this reason, only the petitioner gave his joining at J.J.College, Arrah, even without handing over charge and being formally relieved from the College. It is also stated that petitioner was not being paid his salary for the reason that his 8 relieving order could not be issued as he had not handed over charge of the department. His salary was sent to the G.B.College, Ramrach instead of J.J.college, Arrah. I find that the Transfer Committee passed order of petitioner’s transfer on 23.10.2008 vide memo no. 719/Estab/08 presumably, considering all relevant facts. In case there was no other teacher in the college except the petitioner, it could have been stayed immediately. There was no reason for waiting for nine months, and then issued another transfer order, retransferring the petitioner to same college, from where he has been transferred nine months earlier. The joining of the petitioner was accepted by the Principal of the transferee college and intimated to all concerned, including the Registrar of the University. In this circumstance, there was no reason for discharging or releasing the requisite fund for payment of salary to the petitioner to 9 G.B.College, Ramgarh and not to the J.J.College, Arrah. It is not under dispute that the Vice Chancellor of the University is the controlling authority and responsible for maintaining academic and administrative discipline. In that view, he can issue transfer orders or direct any teacher for conducting classes in one or another college. But it is also essential that while passing such orders, simultaneously interest of students and the interest of teacher should be considered. In the interest of students, it is essential that there must be a teacher to engage classes. In the interest of teacher humanitarian aspects cannot be over-looked. The second order contained in memo no. 1135/Estab/09 dated 22.12.2009 issued under the signature of Registrar of the University directing to conduct class three days in a week at G.B. College, Ramgarh can be treated as the stop gap arrangement and there is no reason to quash it. But the second transfer 10 order contained in Memo no. 182/Estab/09 dated 13.7.2009 is concerned, it is fit to be quashed, so far it relates to the petitioner and it is quashed.. Counsel for the petitioner submits that for engaging Physics classes on deputation any teacher who is posted in the place nearest to Ramgarh could have been engaged instead of petitioner, who will have to transfer three days in a week to a long distance. He has drawn my attention towards the notification dated 13.7.2009 contained in memo no. 182/Estab/09 i.e. the retransfer order. Through this notification several other persons were also transferred and in the department of Physics, Sri Bharat Singh has been posted at S.V.P.College, Bhabhua. The petitioner’s counsel, has submitted that Bhabhua is closer to Ramgarh and it will be convenient for the teacher in S.V.P. College, Bhabhua, to engage classes at G.B.College, 11 Ramgarh. The petitioner has been asked to engage classes, in the academic interest of the students. The petitioner may represent his case showing his difficulty and the Vice Chancellor will consider and dispose of the representation of petitioner, within two weeks of its filing. Till the date representation of the petitioner is pending as per the letter directing the petitioner to engage classes for three days in a week, the petitioner will discharge his duty. So far payment of salary is concerned, the respondent Vice Chancellor and the Registrar of the University are directed to make payment of entire arrears of salary as well as month to month current salary to the petitioner. The arrears of salary must be paid within three weeks from the date of production/communication of this order. The writ applications are allowed 12 by this common order. (Mridula Mishra,J.) A.Kumar