Back
PATNA HIGH COURT
Chinchin Kumari – Appellant
Versus
The State – Respondent
CWJC/17818/2022
TRANSFER OF TEACHER - RULE 16 OF BIHAR MUNICIPAL BODY SECONDARY AND SENIOR SECONDARY SCHOOL SERVICE (APPOINTMENT, PROMOTION, TRANSFER, DISCIPLINARY PROCEEDINGS AND SERVICE CONDITIONS), RULES, 2020 - A teacher may take an option for transfer twice during his service with a gap of five years in between.
Fact of the Case:
The petitioner, a teacher, filed a writ petition challenging her transfer order from one school to another within the same district. She argued that the transfer was made in retaliation for her filing a contempt petition against the respondents for not complying with a court order directing them to consider her transfer request. She also argued that the transfer was too far away and that she should not be disturbed as she is a woman.
Finding of the Court:
The court found that the petitioner had applied for transfer to various schools in the same district and that the transfer order was made in accordance with Rule 16 of the Bihar Municipal Body Secondary and Senior Secondary School Service (Appointment, Promotion, Transfer, Disciplinary Proceedings and Service Conditions), Rules, 2020. The court also found that the distance of the new school from the petitioner's current school was not too far and that she had not been disturbed as she is a woman.
Issues: Whether the transfer order was made in retaliation for the petitioner filing a contempt petition.
Ratio Decidendi: The court held that the transfer order was not made in retaliation for the petitioner filing a contempt petition and that it was made in accordance with the relevant rules.
Final Decision: The court dismissed the writ petition.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17818 of 2022
======================================================
Chinchin Kumari wife of Rajeev Kumar Resident of Ward No. 11, Pustakalay
Gauspur, Village- Rajaura, Police Station- Cheria Bariarpur, District-
Begusarai- 851131.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2.
The Principal Secretary, Education Department, Government of Bihar,
Patna.
3.
The Director Secondary Education, Education Department, Government of
Bihar, Patna.
4.
The Regional Deputy Director of Education, Munger Division, Munger,
Bihar.
5.
The District Magistrate, Begusarai, Bihar.
6.
The District Education officer, Begusarai Bihar.
7.
The District Programme Officer (Establishment) Education Department,
Begusarai.
8.
The District Programme Officer (Madhyamik Shiksha), Begusarai, Bihar.
9.
The Secondary/Higher Secondary Teacher Niyojan Samiti, Zila Parishad
Begusarai Bihar through Additional Collector cum Chief Executive Officer-
cum-Secretary.
10.
The Additional Collector-cum-Chief Executive Officer-cum-Secretary,
Secondary/Higher Secondary Teacher Niyojan Samiti, Zila Parishad,
Begusarai, Bihar.
11.
The Additional Chief Executive Officer, Zila Parishad, Begusarai, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Suman Kumar, Adv.
For the Zila Parishad
:
Mr. Nitesh Kumar, Adv.
For the State
:
Mr. Hitesh Suman, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL ORDER
2
04-01-2023
1. Heard the parties.
2. The petitioner by way of this writ petition assails
the transfer order dated 23.11.2022, whereby she has been
Patna High Court CWJC No.17818 of 2022(2) dt.04-01-2023
2/4
transferred from the Upgraded Middle School, Babhangama to
Upgraded Middle School, Guddar Block- Gadhpura in the same
District of Begusarai.
3. Learned counsel for the petitioner submits that the
petitioner had submitted an option for her transfer in terms of
Rule 16 (1) of the Rules, but when she was not transferred a writ
petition was preferred before this Court, wherein this Court
directed the respondents to take a decision within a period of 60
days. Whereafter a Contempt Petition was filed for non-
compliance. Aggrieved and incensed by such proceedings, it is
submitted that the respondents have transferred the petitioner to
a far of place 40 K.M. away from the present place of posting.
4. Learned counsel submits that another person is
already posted at the same place. Learned counsel submits that
the petitioner is a lady and ought not be disturbed.
5. I have considered the submission, Rule 16 of the
Bihar Municipal Body Secondary and Senior Secondary
School Service (Appointment, Promotion, Transfer,
Disciplinary Proceedings and Service Conditions), Rules,
2020 (hereinafter referred as Rules of 2020) provide as under:-
“16. Transfer -The posts of Head Master, Teacher
and Instructor generally are not transferrable. However for Head
Master and teacher following exceptions, may apply: (i) During
the service period Head master and Teacher may avail two
Patna High Court CWJC No.17818 of 2022(2) dt.04-01-2023
3/4
optional transfer after completing three years of service within
the schools situated under the recruitment unit. There shall be
difference of five years in between the two optional transfer. The
transfer shall be made in his/her grade/cadre only. If more than
one application is received for one vacant post, then the member
secretary of the recruitment unit shall take steps for transfer on
the basis of inter- se seniority in which handicapped Head
Master, Teacher and female Head Master, Teacher shall be given
priority respectively. The approval of this action shall be given by
the commi
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
