IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3638 of 2009 SHANTI DEVI, WIFE OF SRI RAJEEV LOCHAN, RESIDENT OF VILLAGE – MAKRAUTA, P.S. KARAYPARSURAI, DISTRICT – NALANDA. …. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR (SECONDARY EDUCATION), BIHAR, BUDH MARG, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 4. THE DISTRICT EDUCATION OFFICER, NALANDA AT BIHARSHARIF. …. RESPONDENTS. FOR THE PETITIONER : - MR. RAJENDRA PD. SINGH, SR. ADVOCATE MR. NAWAL KISHORE SINGH, ADVOCATE MR. ONKAR KUMAR, ADVOCATE MR. MRITUNJAY KUMAR, ADVOCATE FOR THE RESPONDENTS : - MR. LAKMESH MARVIND, AC TO SC 20 ----------- 03/ 11.01.2010 Heard counsel for the petitioner and counsel appearing for the State. Counter affidavit has been filed on behalf of the State. Petitioner is working as an Assistant Teacher. She was appointed in the year, 1979 and posted in Dhaneshwari Girls High School, Birpur, Nalanda, where she joined in the year 1979. Subsequently she was transferred and posted in Bapu High School, Chandi vide order contained in Memo No. 663 dated 29.7.2006 and she joined the said school on 11.8.2006. Petitioner’s case is that since she made complaint - 2 - against the Headmaster of the school regarding misuse of fund of the school, as such the Headmaster of the concerned school started disturbing her and the Headmaster of the school managed to transfer the petitioner from Bapu High School, Chandi to High School, Pawapuri vide order contained in Memo No. 1701 dated 29.7.2008. Petitioner was relieved and she gave her joining in the transferred school. The transfer order is under challenge on the ground that it is completely illegal and without jurisdiction as under the provisions of Bihar Nationalized Secondary School Service Conditions (Amended Rules), 2006, the post of Principal, Assistant Teachers and non-teaching employees are non-transferable. They cannot be transferred from one school to another school in normal circumstances, unless it is opted by them or the transfer is on mutual basis. Such transfer orders can also be issued maximum on two occasions after five years duration. While issuing impugned transfer order neither the petitioner had given any option nor it was a mutual transfer. The ground on which she has been transferred is administrative and on such consideration no transfer order could have been issued. - 3 - In the counter affidavit filed by the State, it is accepted that for administrative reasons and in the interest of school and students, the petitioner was transferred. There is an admission that contrary to transfer rules, the petitioner was transferred at High School, Pawapuri. The transfer order is thus illegal and without jurisdiction. Petitioner is going to retire in the month of February, 2010. Accordingly, the order contained in Memo No. 1701 dated 29.7.2008 issued by the R.D.D.E. transferring the petitioner from Bapu High School, Chandti to High School, Pawapuri is quashed. Petitioner is directed to join at Bapu High School, Chandi. In case her salary since August, 2008 has not been paid or she is not getting her salary, that should also be paid to the petitioner preferably by the end of January, 2010. This application is allowed. DKS/ (Mridula Mishra, J.)