IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4424 of 2010 1. RAM UDAY MAHTO S/O LATE SIYA RAM MAHTO R/O VILLAGE - PUSAHO , P.S - BITHAN , DISTRICT - SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION, MUNGER 5. THE DISTRICT EDUCATION OFFICER BEGUSARAI 6. THE BLOCK AREA EDUCATION EXTENSION OFFICER BEGUSARAI 7. KUMARI USHA , INCHARGE HEADMASTER GOVT. BASIC SCHOOL ULAW, BEGUSARAI ----------- 2 27.4.2010 Heard counsel for the petitioner, State as well as respondent no.7. I.A. No.3747 of 2010 has been filed by the petitioner for staying the order no. 34 dated 29.1.2010 and Memo no.08 dated 24.2.2010, issued by the Regional Deputy Director of Education, Munger Division, Munger, transferring the petitioner from Government Basic School Ulaw, to Government Basic School, Binoopur. The transfer order has been assailed by the petitioner on two grounds. Firstly, that even without handing over the impugned transfer order dated 29.1.2010 he has been relieved from the school for giving joining at the transferred place vide order No.08 2 dated 24.2.2010. Transfer order has been made available with the relieving order. Secondly it has been submitted that in violation of guidelines issued by the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna dated 18.3.2008, impugned order has been issued. Through this letter direction has been issued to all Regional Deputy Directors of Education that transfer orders be issued only in case of optional or mutual transfers. In case of mutual transfers, seniority should always be adhered to, and at a time, not more than 10% of the total cadre strength, should be transferred. Transfer orders, as per direction, are to be issued, preferably in the month of June only and always there should be consideration that such transfers are not going to affect the teaching environment in Schools. Petitioner’s case is that ignoring these directions, the impugned transfer order has been issued. Counsel appearing for respondent no.7, on the other hand, has submitted that the impugned transfer order is very much in consonance with Clause 4 of the letter dated 18.3.2008, relating to maintenance of teaching 3 environment in the School. The petitioner has been transferred for administrative reasons. I do not find that a case has been made out for quashing the impugned transfer order. Petitioner, on being relieved, has already joined at transferred place. He has liberty to represent before the appropriate forum, merit of which, will be considered by the authority concerned, and necessary orders will be passed. Since petitioner on being relieved by order dated 24.2.2010 has joined at transferred place, the District Education Officer, Begusarai is directed to make payment of salary for the month of January and February, 2010 to the petitioner at Begusarai, if already not paid. So far salary for the month of March and April, 2010 are concerned, the petitioner will receive salary at the transferred place. The writ application stands disposed off. (Mridula Mishra,J.) A.kumar