IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15777 of 2009 1. GAURI SHANKAR PASWAN S/O LATE MAHAVIR PASWAN, R/O MOH-ALLALPATTI, P.S- LAHERIASARAI, P.O- DARBHANGA MEDICAL COLLEGE, DISTT- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, DARBHANGA 3. THE COMMISSIONER DARBHANGA 4. THE DISTRICT EDUCATION OFFICER, DARBHANGA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 6. THE DEPUTY DEVELOPMENT COMMISSIONER, DARBHANGA 7. THE REGIONAL EDUCATION OFFICER, KILAGHAT, DARBHANGA 8. THE BLOCK EDUCATION EXTENSION OFFICER, BAHADURPUR, DARBHANGA 9. SHIVDHAR AKELA, ASSISTANT TEACHER, PRIMARY SCHOOL, POKHARSAMA, UNDER BAHADURPUR BLOCK, DISTT- DARBHANGA 10. THE REGIONAL DEPUTY DIRECTOR, DARBHANGA COMMISSIONERY, DARBHANGA 11. BINOD BIHARI PASWAN, HEAD MASTER, PRIMARY SCHOOL, POKHARSAMA UNDER BAHADURPUR BLOCK, DISTT- DARBHANGA ----------- 02/ 04.03.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner is an Assistant Teacher. He was posted at Middle School, Dewari. He filed an application for his optional transfer in which his first preference was in Primary Shool, Pokharsama under Bahadurpur Block, Darbhanga. The post of Assistant Teachers working in Primary School is otherwise non-transferable, but they can be transferred when it is on optional basis or mutual basis as per the Primary and Middle School Teachers Transfer Rules, 2006. Petitioner’s grievance is that the Committee - 2 - competent to decide such transfer matters had allowed petitioner’s option and transfer letter was issued on 12.4.2007 from the office of District Superintendent of Education, Darbhanga. The petitioner was relieved from Dewari Middle School on 13.4.2007 for giving joining in the Primary School, Pokharsama. Petitioner’s joining was not accepted by the Headmaster of the School as one Shivdhar Akela, respondent no. 9 was allowed to give joining in that very School, on the basis of transfer order issued in his favour by the District Superintendent of Education, Darbhanga. This was also an optional transfer but not decided by the Committee, but the District Superintendent of Education has issued letter in favour of respondent no. 9. Petitioner’s grievance is that as per the transfer rules, in case two Assistant Teachers have exercised option for the same place, the person, who is senior, his option has to be given effect to. Petitioner is appointee of 1974 and the respondent no. 9 is much junior to the petitioner as he was appointed in 1999. Ignoring the rule, joining of respondent no. 9 was accepted giving effect to his option, but so far - 3 - petitioner is concerned, his option was ignored. Subsequently he was asked to give joining as Additional teacher in Middle School, Katahalwari, Darbhanga. He is also not being paid his salary since October, 2008 till today. In this regard, petitioner has represented his case before the Regional Deputy Director of Education, Darbhanga, which is still pending. Considering this fact, this matter is being disposed of directing respondent no. 10 to dispose of the representation filed by the petitioner. Before deciding the issue respondent no. 9 Shivdhar Akela and respondent no. 11 be also noticed, in their presence considering the matter in accordance with law and rule appropriate order be passed. The payment of salary, which has been stopped since October, 2008 till now, should be paid to the petitioner. He should also be allowed payment of month to month current salary. The respondent no. 10 will pass order on representation of the petitioner within four weeks from the date of production/communication of the order. DKS/ (Mridula Mishra, J.)