IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.426 of 2011 RAM CHANDRA MAHTA S/O LATE SARYUG MEHTA, R/O VILLAGE BHAGWANPUR, PO- MOZOJHU, PS- RANIGANJ, DISTT- ARARIA AT PRESENT POSTED AS INCHARGE HEADMANSTER, ADARSH MIDDLE SCHOOL, KACHAHARI BALUA, BANMANKHI DISTT- PURNEA---------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS SPECIAL SECY.-CUM- COMMISSIONER, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, HRD, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PURNEA 4. THE DISTRICT EDUCTION ESTAB. COMMITTEE, PURNEA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 6. THE TREASURY OFFICER, PURNEA 7. THE AREA EDUCATION OFFICER, BANMANKHI, PURNEA 8. THE BLOCK EDUCATION OFFICER, BANMANKHI, PURNEA---------- -------------------------RESPONDENTS. ----------- 2 10.3.2011 Heard learned counsel for the parties. Submission of 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 applications contained in annexures 4 and 7 to the District Superintendent of Education, Purnea that he is willing to forgo his promotion on B.A. trained scale because he is not willing to be transferred for the reasons indicated in the two applications. 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 he is willing to forgo his promotion to - 2 - 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 applications of the petitioner contained in annexures 4 and 7. 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. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)