IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11484 of 2009 SARITA KUMARI, WIFE OF SRI BIRENDRA PODDAR, RESIDENT OF LOHIYA NAGAR, WARD NO. 25 P.O. KOSHI COLLEGE, P.S. & DISTRICT- KHAGARIA . VERSUS 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR GOVERNMENT, PATNA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR, DISTRICT-KATIHAR. 5. THE HEADMASTER, GANDHI MIDDLE SCHOOL, NEW COLONY, KATIHAR, DISTRICT-KATIHAR. 6. DISTRICT SUPERINTENDENT OF EDUCATION, KHAGARIA. 7. GUNMAT JHA, SON OF NOT KNOWN, ASSISTANT TEACHER, GANDHI MIDDLE SCHOOL, NEW COLONY, KATIHAR, DISTRICT- KATIHAR. ----------- 3. 12.03.2010 Heard the counsel for the petitioner and the counsel representing respondents No. 5 & 7. Petitioner has filed this application for a direction to the respondent-authorities to accept her joining in Gandhi Middle School, New Colony, Katihar where she was transferred vide order contained in Memo No. 1723 dated 7th June, 2008 for making payment of salary on account of acceptance of her joining in the transferred school. Petitioner’s case is that in pursuance of letter No. 1100 dated 21.07.2006, issued by the Commissioner-cum- Secretary, Human Resources Development Department, Govt of Bihar, Patna inviting application for mutual/optional and inter-district transfers, she filed her application before the Director, Primary Education, Bihar, for inter-district 2 transfer. The Commissioner-cum-Secretary, Human Resources Development Department, Govt of Bihar, Patna vide letter No. 1100 dated 21.07.2006 had invited applications from teachers desirous of their optional/mutual and inter-district transfer. The application filed by the petitioner was duly forwarded to the District Superintendent of Education, Katihar. The District Superintendent of Education, Katihar made necessary query from his counterpart, District Superintendent of Education, Khagaria and thereafter, issued transfer order in favour of the petitioner on 07.06.2008 transferring her from Middle School, Nanhku Mandal Tola, Khagaria to Gandhi Middle School, New Colony, Katihar. The transfer order contained in Annexure-2 was not communicated to her or to the Headmaster of the concerned school, as such; she could not give her joining in the transferred school. On perusal of Annexure-3 i.e. the letter No. 329 dated 11.05.2009 issued by the District Superintendent of Education, Khagaria, it transpires that the Principal of the Middle School, Nanhku Mandal Tola, Khagaria was earlier given information to relieve the petitioner vide his office order contained in Memo No. 05 dated 22.05.2009, Memo No. 377 dated 26.05.2009 and also vide Memo No. 18 dated 03.01.2009. The Principal despite this did not relieve the petitioner. Subsequently, in response to this letter, 3 Headmaster of the school, vide letter No. 5 dated 22.05.2009 informed the District Superintendent of Education, Khagaria that he had not received any earlier letters informing him about the inter-district transfer of the petitioner and to relieve her for giving joining at the transferred school. For the first time, he has received letter No. 329 dated 11.05.2009 through which he came to know regarding inter-district transfer of the petitioner in Gandhi Middle School, New Colony, Katihar. In compliance of the District Superintendent of Education’s letter dated 11.05.2009; the petitioner was relieved on 22.05.2009 for giving joining in the transferred school. The petitioner, went to submit her joining in Gandhi Middle School, New Colony, Katihar but it was not accepted on the ground that due to her non-joining for more than on year, one, Gunmat Jha, respondent No. 7 has been posted and he has already joined in that school. Counsel for the petitioner has alleged mala fide on the part of District Superintendent of Education, Katihar (respondent No. 4) and District Superintendent of Education, Khagaria (respondent No. 6) stating that just one week after issuance of Annexure-2”C” transfer order of the petitioner, Respondent No. 7 was also transferred to same school on 25.08.2008. This statement of Respondents No. 5 & 6 that vacant post is abolished at the end of financial year is 4 incorrect. Counter affidavit has been filed on behalf of the District Superintendent of Education, Khagaria (respondent No. 4). No counter affidavit has been filed on behalf of respondent No. 6. The Headmaster, Gandhi Middle School, New Colony, Katihar (respondent No. 5) and Gunmat Jha (respondent No. 7) have also filed their counter affidavits. In the counter affidavit of respondent No. 4, it is stated that since the petitioner did not submit her joining after issuance of transfer order, and at the end of financial year, the vacant posts is to be abolished, so Respondent No. 5 was posted in the school and he gave his joining. In the given circumstances, not it is not possible to accept joining of the petitioner, in the concerned school. However, the transfer letter issued in favour of the petitioner has been revised and he has been posted in Azimuddin Middle School, Kadepur, Katihar. Considering the fact that application of the petitioner for inter district transfer was without any preference, for any specific school, she could have been transferred to any school. The school where she was transferred initially by the District Superintendent of Education, she could not join; but now has been transferred and posted in a school as per her own option , i.e. Azimuddin Middle School, Kadepur, Katihar. There is no 5 reason to interfere in this matter. Petitioner has already joined in another school within the Municipal area of Katihar. The earlier school where she was transferred, no post is vacant, as such, it is preferable for her to give joining in the school where she has now been posted. The respondents are directed to make payment of entire arrears of salary to the petitioner. The petitioner has liberty to represent her case before the concerned District Superintendent of Education, Katihar, in case there is any vacancy left in the school, she was earlier posted. The District Superintendent of Education, Katihar will consider representation and pass necessary order for petitioner’s transfer in that school, if possible. The entire arrears of salary must be paid to the petitioner within eight weeks from the date of production/communication of the order. AKV/ ( Mridula Mishra ,J.)