IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.400 of 2011 GEETA KUMARI W/O Sanjay Kumar Singh, resident of Mohalla Shivpuri, Ward No.21, Police Station – K. Hat, District – Purnea at present posted as an Assistant Mistress Middle School, Electricity Board Colony, Purnea. Versus 1. THE STATE OF BIHAR through its Special Secretary cum Commissioner, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna. 2. The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, New Secretariat, Patna. 3. The District Magistrate cum Chairman, District Education Establishment Committee, Purnea. 4. The District Establishment Committee, Purnea. 5. The District Superintendent of Education, Purnea. 6. The Treasury Officer, Purnea. 7. The Area Education Officer, Purnea. ----------- 03. 01.04.2011 Heard counsel for the parties. Submission of the learned counsel for the petitioner is that there is no rule which empowers the respondent authority to effect transfer of teachers merely because they have been granted promotion to B.A. trained scale. In this regard attention of the Court has been drawn to the Primary Teachers Transfer Rules, 2006. In addition to that it is also submitted that petitioner had given clear and categorical application contained in Annexure-4 to the District Superintendent of Education, Purnea that she is not willing to be transferred for the reasons indicated in the said application. Since from the counter affidavit it is evident that such request has been considered with regard to certain persons, there is no reason as to why the request of petitioner ought not to have been considered, if she is willing to forgo her promotion 2 to avoid transfer which is in any way not permissible under the Rule as such, unless it is for the limited purpose under which such transfer can be effected. Failure on the part of the State to point out necessary rule which provides them such power, the transfer order in so far as it relates to petitioner contained in annexure-5 is hereby quashed. The District Superintendent of Education is further directed to issue an appropriate order in this regard taking into consideration the application of the petitioner contained in Annexure-4. The Court directs that such order be issued within a period of three months from the date of communication or production of a copy of this order. The writ application is allowed with the above direction. rkp ( Ajay Kumar Tripathi, J.)