The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5853 of 2024 1. Santan Kumar Singh, son of Rajendra Singh, Resident of – Village – Sidhu, P.O. – Moktama, P.S. – Rajpur, District – Chatra. 2. Mahendra Prasad Mehta, son of Matukdhari Mehta, Resident of – Daria, Ratanpur, P.S. – Ichak, District – Hazaribagh. 3. Tikeshwar Prajapati, son of Dilchand Prajapati, Resident of – Village – Lupung, P.O. – Lupung, P.S. – Katkamsandi, District – Hazaribgah. 4. Rupa Sinha, wife of Prasun Kumar, Resident of – 997, Korra, Jabra Road, New Colony, P.O. – Korra, P.S. – Sadar, Hazaribagh. 5. Smita Kumari, daughter of Deocharan Mahto, Resident of – Village + P.O. + P.S. – Sondimra, District – Ramgrh. 6. Dileep Kumar Mehta, son of Wakil Prasad Mehta, Resident of – Village – Asiya, P.O. – Ichak, P.S. – Ichak, District – Hazaribagh. 7. Annu Shree, daughter of Umesh Prasad Gupta, Resident of – 33, Subhash Marg Bara Bazar, Jhanda Chowk, P.O. – Hazaribagh, P.S. – Sadar, Hazaribagh. 8. Rajeev Kumar, son of Lalan Kishor, Resident of – Village – Sobranpur, P.O. – Sobranpur, P.S. – Khukhra, District – Giridih. 9. Raju Baske, son of Sevaram Baske, Resident of – Gandke, Hathbajwa, P.O. – Bokaro Thermal, P.S. – Bokaro Thermal, Bokaro. 10. Jay Prakash Rajak, son of Suryodhan Rajak, Resident of – Village – Buribinor, P.O. – Batbinor, P.S. – Chas (M), District – Bokaro. 11. Binod Kumar Nayak, son of Kunj Bihari Nayak, Resident of – Village – Dantoo, P.O. – Dantoo, P.S. – Kasmar, District – Bokaro. 12. Shikor Purti, son of Laxman Purti, Resident of – Village – Bermo, District – Bokaro. 13. Sabra Jabeen, daughter of Syed Eqbal Ahmed, Resident of – H. O. 20, College Road, Pather Chapti, P.O. – Madhupur, P.S. – Madhupur, District – Deoghar. 14. Rekha Sinha, wife of Bharat Kumar Lala, Resident of – Bakaspura, P.O. – Nawagarh, P.S. – Baghmara, District – Dhanbad. 15. Sabbuhi Nishat, wife of Md. Shamsuddin, Resident of – Bhuli Road, P.O. – Dhanbad, P.S. and district – Dhanbad. 16. Mukesh Pandey, son of Jaynandan Pandey, Resident of – Village – Jarkunda, P.O. – Konardam, P.S. – Bokaro, District – Bokaro. 17. Sanjay Kumar, son of – Dhanish Dhari Gope, Resident of – Krishna Nagar, P.O. – Rewali, P.S. – Katkamsandi, District – Hazaribagh.
Legal Reasoning
18. Hare Krishna Mahto, son of Srikant Mahto, resident of – Village – Salgadih, P.O. – Lundupdih, P.S. – Lundupdih, District – Ranchi 19. Vijay Prasad Gupta, son of Bhairo Prasad Saw, resident of – Singhpur, P.O. – Chatra, P.S. and district – Chatra. 20. Gupteshwar Rajwar, son of Tilku Rajwar, Resident of – Village – Tilaiya, P.O. – Tilaiya, P.S. – Barwadda, District – Dhanbad. 21. Sarju Sharma, son of Rajendra Thakur, Resident of – Dunarwar, P.O. – Narayanpur, P.S. – Charkakalan, District – Chatra RC 1 22. Pawan Kumar, son of Ram Bilas Prasad Gupta, resident of – Bichkila, P.O. – Pratappur, P.S. – Pratappur, District – Chatra. 23. Sujata Kumari, wife of Sanjeev Kumar Dubey, resident of – Jawahar Nagar, Bhurkunda, P.O. – Bhurkunda, P.S. – Patratu, District – Ramgarh. 24. Arti Rani, daughter of – Jamuna Kumar Das, Resident of – Ambedkar Puri, P.O. – Chas, District – Bokaro. 25. Sheela Saha, wife of – Narayan Sahu, Resident of – Black Diamond Explosive Private Limited, Surya Auto Campus, P.O. – Dhansar, P.S. – Dhansar, District – Dhanbad. V E R S U S … … … Petitioners. 1. The State of Jharkhand through the Principal Secretary, School Education and Literacy Department, Government of Jharkhand having its office at Project Bhawan, Dhurwa, Ranchi 2. The Director, Primary Education (Directorate of Education), school Education and Literacy Department, Government of Jharkhand, having office at Project Bhawan, Dhurwa, Ranchi 3. The Deputy Commissioner – cum – Chairman, District Education Established Committee, Giridih. 4. The District Superintendent of Education, Giridih. … … Respondents. CORAM: HON'BLE DR. JUSTICE S. N. PATHAK For the Petitioners : For the State : Mr. Shubham Mishra, Advocate Mr. Tapan Kumar Mishra, Advocate Mr. Kumar Pawan, Advocate Mr. Suresh Kumar, SC (L & C)-II Mr. Anshuman, AC 04/03.12.2024 Heard the parties. 2. 3. Petitioners have approached this Court with a prayer for a direction upon the respondents to immediately and forthwith relieve them from the district of Giridih to their respective place of transfer as they have already been transferred and their new place of posting have already been allotted. It is specific case of the petitioners that they are working on the post of Assistant Teachers in Class-I – V within different Government Primary Schools within the district of Giridih. Petitioners fulfil the required criteria and as such they applied through the portal for their inter-district transfer as per rules and regulations. Pursuant to memo no. 872, dated 11.07.2024, issued by the Director, Primary Education, Government of Jharkhand, the 1st list of transfer of 978 teachers who had applied through the portal was issued and again vide memo no. 992, dated 02.08.2024, the second list of transfer of RC 2 665 teachers was notified. The name of the petitioners were also published in transfer list issued by the respondents. It is case of the petitioners that in spite of several requests and representations to the authorities, the relieving order has not been issued by the respondent authorities and as such they are unable to join their transferred place of posting. Being aggrieved, petitioners have been constrained to knock door of this Court. 4. Mr. Shubham Mishra, learned counsel representing petitioners assisted by Mr. Kumar Pawan argues that career of the petitioners have been adversely affected due to non-issuance of relieving letters. Learned counsel further argues that in most of the districts of Jharkhand, the similarly situated candidates have already been relieved and they have joined their service. Learned counsel further argues that a direction may be passed to consider case of the petitioners and issue relieving order with a further direction to the respondents to accept joining in respective place of their posting. 5. Mr. Suresh Kumar, learned SC (L & C)-II assisted by Mr. Anshuman argues that in absence of counter affidavit, they are not in a position to place the case. Learned counsel however fairly submits that the State shall abide by the direction of this Court. If it is found that similarly situated candidates have already been relieved in other district and have joined their transferred place of posting, there is no reason as to why relieving order shall not be issued in favour of present petitioners. 6. Having heard counsel for the parties and considering facts and circumstances of the case, the respondents are directed to consider case of the petitioners within a period of two weeks from the date of receipt/ production of a copy of this order. It is made clear, if it is found that similarly situated other candidates have already been relieved and they have been allowed to join transferred place of posting, the relieving order shall also be issued in favour of petitioners and they shall be allowed to join their respective transferred place of posting, if there is no other legal impediments. 7.
Decision
With the aforementioned observations and directions, the writ petition stands disposed of. (Dr. S.N. Pathak, J.) RC 3