IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 6037 of 2010 1. SATYENDRA PRASAD S/O LATE CHHOTE LAL PRASAD R/O VILLAGE + POST- GOPALBAD, P.S.- SARMERA, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR, EDUCATION PATNA DIVISION, PATNA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA 5. THE BLOCK EDUCATION EXTENSION OFFICER SARMERA, NALANDA *** For the petitioner : M/s Bipin Bihari Singh & Amresh Kumar, Advocate For the S t a t e : Mr Shambhu Nath, AC to GP X *** 3 24.08.2010 A counter affidavit and supplementary affidavit have been filed. Perused the same, heard the parties and with their consent, the writ petition is being disposed of at this stage itself. The petitioner is an Assistant Teacher and was transferred to Middle School, Gopalbad, Sarmera in the district of Nalanda vide order dated 12.09.2009 of the District Superintendent of Education, Nalanda. As it transpires from the counter affidavit, this was at the request of petitioner himself who wanted his transfer to any Middle School in Sarmera Block and it is pursuant thereto, his transfer was made. Soon thereafter, he has again been transferred to Middle School Parnawa in the Sarmera Block itself which he has challenged before this Court on grounds of mala fide. In the counter affidavit, it is stated that having 2 transferred the petitioner to the new place at Gopalbad, it was found that there was no post available. Petitioner’s salary was arranged from different post. As such, there being post available at Parnawa, he is being transferred there to regularise his posting. Petitioner states that having been posted at Gopalbad, he has been requisitioned for election related work as Booth Level Officer (BLO). He states that the Election Commission has issued directive that people should not be disturbed once they are requisitioned. He submits that by change of his place, respondents would also be violating the directives of Election Commission. Having considered the matter, in my view, in view of the statements as made in the counter affidavit, the writ petition requires no consideration. Respondents have stated that petitioner has been paid his salary from another post which arrangement cannot continue. He had, thus, to be shifted to a School where post was vacant. It was within the Block where he requested his transfer. So far as the directive of Election Commission is concerned, the directive has to be understood in its true sense. The directive being that so long as the person’s service has been requisitioned, he shall not be transferred in a manner which would affect his work. Here, petitioner being moved from one Middle School to another Middle School, his work as BLO does not get affected. He would continue his work as BLO as he was doing before. The Election Commission cannot direct posting of Teachers in one School or the other. Petitioner is basically an Assistant Teacher. In that view of the matter, the writ petition merits no 3 consideration and is dismissed accordingly. However, it shall be the responsibility of the District Superintendent of Education to ensure timely payment of salary to the petitioner as indicated in the counter affidavit itself. M.E.H./ (Navaniti Prasad Singh)