IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 10636 of 2010 1. TETAR DAS, S/O LATE RUPLAL DAS, R/O MOHALLA SANDALPUR, P.O. MAHENDRU, P.S. SULTANGANJ, DISTRICT AND TOWN OF PATNA. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT , GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, SOCIAL SECURITY AND DISABILITY DIRECTORATE,SOCIAL WELFARE DEPARTMENT ,GOVT. OF BIHAR, PATNA. 4. THE ASSISTANT DIRECTOR, DISTRICT SOCIAL SECURITY CELL,PATNA COLLECTORATE, PATNA. ----------- 2 04.08.2010 An intervention application has been filed by certain employees posted at the Blind School, Kadamkuan, Patna opposing the application of the petitioner. Petitioner, by this writ application, challenges the order of the Director, Social Security and Disability Directorate, Department of Social Welfare, Government of Bihar dated 11.05.2005. By the said letter, the Director has responded to the Assistant Director, Patna and directed that so far as the attendance in the School is concerned with regard to all Teachers and non-Teaching Staff, that would now be marked by the juniormost Teacher. Further, the Assistant Director has been directed to distribute the work and responsibility of the petitioner amongst other Teachers which has been done as per Annexure-2. Both these are impugned on the ground that the petitioner is the Headmaster of the Blind School at Kadamkuan, Patna and these orders would humiliate him and take away his position. Prima facie, the submission is correct. So long as petitioner continued as Headmaster, he cannot be divested from his responsibility and authority but upon hearing the intervener, the fact appears to be 2 otherwise. Petitioner was transferred because of his non-cooperative attitude and complaints from Patna to Blind School, Darbhanga in the same capacity as Headmaster. Petitioner refused to go and challenged his transfer before this Court in another writ petition wherein interim orders have been passed staying his transfer. Having obtained the stay order from this Court, he has become a problem for the administration and that is why for proper running of the School, the functions have been given to other Teachers so that the School may run smoothly. It is further pointed out that the true reason behind this is that the petitioner’s wife is a permanent employee in Government Secretariat at Patna. If petitioner is transferred to Darbhanga, he will have to go their alone which he does not want. Therefore, by all means, he wants to continue at Patna. It is not disputed that the post is transferable. In that view of the matter, in my view, I do not find this case to be a fit case to exercise my discretion in the matter. The writ petition is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)