Sandip Kumar Mahato and anr Vs. Human Resource Development

Sandip Kumar Mahato and anr vs Human Resource Development

Type Court Judgment Court Jharkhand Decided Mar 06, 2013

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https://sooperkanoon.com/case/971756

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Citation: sooperkanoon.com/971756
Court: Jharkhand High Court
Decided On: Mar 06, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sandip Kumar Mahato and anr

Respondent

Human Resource Development

Excerpt

.....have prayed for quashing the memo nos. 4154 and 4165 dated 22.12.2012, whereby they have been transferred contrary to the provisions of jharkhand state nationalized primary school teachers (transfer and disciplinary proceeding) rules,1994. it has been stated that there is specific rule prohibiting transfer of school teacher from his home block without considering his convenience. by the impugned orders, the said rule has been violated and the petitioners have been transferred to schools in other blocks. the transfer orders being violative of the provisions of the said rule are illegal. the petitioners protested against the said orders by filing representations before the district superintendent of education, dhanbad, but till date no order has been passed. in the meanwhile, the respondents are forcing the petitioners to join the transferred place. learned j.c. to g.p.ii, appearing on behalf of the respondents, submitted that the petitioners have been transferred in the schools where the teachers are required and there is no illegality and malafide in issuing the said transfer orders. however, he fairly submitted that no decision has been taken on the petitioners' representations as yet. he further submitted that the said representations of the petitioners or if any fresh representation is filed by them shall be considered and appropriate order shall be passed. considering the said submissions, this writ petition is disposed of giving liberty to the petitioners to file fresh representations, mentioning the grounds available to them before the district superintendent of education, dhanbad-respondent no.4. on receipt of representations, the said respondent shall consider the same and pass appropriate reasoned order, within six weeks from the date of receipt of representation. . ( narendra nath tiwari, j.) s.b.

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.956 of 2013 Sandip Kumar Mahato & Anr. . Petitioners Versus State of Jharkhand & Ors. ...Respondents Coram : The Honble Mr. Justice Narendra Nath Tiwari For the Petitioners : Mr. Manoj Tandon, Advocate For the Respondents : J.C. to G.P.II ----- 2/06.03.2013 In this writ petition, the petitioners have prayed for quashing the Memo nos. 4154 and 4165 dated 22.12.2012, whereby they have been transferred contrary to the provisions of Jharkhand State Nationalized Primary School Teachers (Transfer and Disciplinary Proceeding) Rules,1994. It has been stated that there is specific rule prohibiting transfer of school teacher from his home block without considering his convenience. By the impugned orders, the said rule has been violated and the petitioners have been transferred to Schools in other blocks. The transfer orders being violative of the provisions of the said rule are illegal. The petitioners protested against the said orders by filing representations before the District Superintendent of Education, Dhanbad, but till date no order has been passed. In the meanwhile, the respondents are forcing the petitioners to join the transferred place. Learned J.C. to G.P.II, appearing on behalf of the respondents, submitted that the petitioners have been transferred in the Schools where the teachers are required and there is no illegality and malafide in issuing the said transfer orders. However, he fairly submitted that no decision has been taken on the petitioners' representations as yet. He further submitted that the said representations of the petitioners or if any fresh representation is filed by them shall be considered and appropriate order shall be passed. Considering the said submissions, this writ petition is disposed of giving liberty to the petitioners to file fresh representations, mentioning the grounds available to them before the District Superintendent of Education, Dhanbad-respondent no.4. On receipt of representations, the said respondent shall consider the same and pass appropriate reasoned order, within six weeks from the date of receipt of representation. . ( Narendra Nath Tiwari, J.) s.b.

Same Court & Year Jharkhand · 2013 Same Parties Sandip Kumar Mahato and anr vs Human Resource Development Same Subject Education