Arjun Bagbai and Others vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—This application has been preferred by petitioners against the order of transfer dated 2.2.2002. One of the grounds taken by the petitioners is that the order of transfer has been passed giving wrong reference of Court''s order though the Court never directed to transfer the petitioners. The order is stated to be against the statutory provisions relating to transfer.

It appears that earlier one or other transfer order was issued in the Middle of June, 2001 in pursuance of which one or other teacher joined the transferred post. Subsequently, in respect to female teachers, an order was issued on 14.8.2001 by which the orders of transfer issued on 26.6.2001 were stayed. Such orders were challenged by a number of teachers including the petitioners in WP (S) No. 4396/2001 and other cases. This Court in those cases merely observed that, the stay order being related to female teachers, cannot affect male teachers.

Subsequently, it came to the notice of the Court that because of stay order, some female teachers continued to work and because of observation of the Court, the male teachers also claimed to be working against common post which created anomaly. In the present case, it is not made clear as to what is the ground to transfer the petitioners though reference of the Court''s order has been given.

In the circumstances, to avoid further anomaly instead of giving any decision or order, petitioners are given liberty to ventilate their grievance before the Director, Primary Education. Jharkhand, Ranchi, who will decide the representation.

If any representation is filed by the petitioners within 15 days, the Director, Primary Education, Jharkhand. Ranchi will decide the same by a reasoned order, preferably within six weeks thereof.

The writ petition stands disposed of.