Jharkhand High Court
Sanjeev Kumar vs The State Of Jharkhand on 2 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2563 of 2023
---------
1. Sanjeev Kumar
2. Vinod Kumar Singh
3. Bhagwan Datt Mishra
4. Rajeev Verma
5. Dhirendra Kumar Tiwari
6. Manoj Kumar
7. Ajay Kumar Chatterjee
8. Birendra Prasad Verma
9. Rakesh Kumar Hembrom
10. Rakesh Chandra Jha
11. Bhavesh Kumar
12. Renu Jha
13. Om Prakash Gupta
14. Om Prakash Thakur
15. Priya Kumari
16. Fabina Kandulna
17. Arti Kumari
18. Sanjay Kumar
19. Arbind Paswan
20. Prabha Kumari
21. Shakti Pada Mahato
22. Rajesh Kumar Mahato
23. Alexius Lugun
24. Dilnawaz Ahmad
25. Sujata Vatsyayan
26. Vinay Kumar Singh
27. Gango Das ... ... Petitioners
Versus
1. The State of Jharkhand
2. Principal Secretary, School Education and Literacy
Department, Government of Jharkhand, Project
Bhawan, Dhurwa, Ranchi
3. The Director, (Secondary Education) School Education
and Literacy Department, Project Bhawan, Dhurwa,
Ranchi
4. Secretary, Department of School Education and
Literacy Department, Project Bhawan, Dhurwa, Ranchi
... ... Respondents
---------
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
---------
For the Petitioners : Mr. Indrajit Sinha, Advocate
Ms. Monalisa Singh, Advocate
For the Respondents : Mr. Ashwini Bhushan, AC to Sr. SC-III
---------
04/02.08.2023 Heard Mr. Indrajit Sinha, learned counsel appearing for
the petitioners and Mr. Ashwini Bhushan, learned AC to Sr.
SC-III, for the respondents.
In this writ application, the petitioner has prayed for
quashing of the Order No. 2234, dated 28.08.2019 in terms of
which the transfer of the Post Graduate Teachers in the
different Districts of the State of Jharkhand vide Order No.
2027 and 2052 dated 29.07.2019 and 31.07.2019
respectively have been cancelled/annulled for the reason that
the said order had already taken effect and the teachers had
given their joining in the transferred school meaning thereby
that the order had already attained its finality and the said
order was passed without approval of the establishment
committee.
At the outset, Mr. Indrajit Sinha, learned counsel for the
petitioners has submitted that the same impugned orders
were initially under challenge by a separate group of Post
Graduate Teachers in W.P.(S) No. 4958 of 2019 with W.P.(S)
No. 6152 of 2019 wherein the impugned order dated
28.08.2019 was quashed and the matter was remanded back
to the State to take a decision afresh in accordance with law.
It has been submitted that consequent to the order passed in
W.P.(S) No. 4958 of 2019 with W.P.(S) No. 6152 of 2019 an
office order was issued vide Memo No. 735 dated 21.03.2022
in which the said writ petitioners were posted at their earlier
place of posting. Mr. Sinha has submitted that subsequent
thereto another group of PGT teachers had preferred W.P.(S)
No. 2721 of 2022 in which also the impugned order was
quashed and the same was under challenge in W.P.(S) No.
2767 of 2022 and against the order dated 23.08.2022 appeal
were preferred by the State being L.P.A. No. 607 of 2022 and
L.P.A. No. 614 of 2022 which were dismissed though it was
clarified that the said order shall not be treated as a
precedent. It has thus been stated that the case of the
petitioners is squarely covered by the judgments rendered
earlier with respect to other set of Post Graduate Teachers
who were also aggrieved by the impugned order no. 2234
dated 28.08.2019.
Mr. Ashwini Bhushan, learned AC to Sr. SC-III, for the
respondents has opposed the prayer made by the writ
petitioners.
The factual aspects of the case reveal that the
petitioners are working in the post of Post Graduate Trained
Teachers in different districts in the State of Jharkhand. The
Governing Body headed by the Director, Secondary Education,
Jharkhand in the meeting dated 29.07.2019 took a decision
to transfer the PGT (10+2) teachers including the petitioners
from their current place of posting in different schools in the
State of Jharkhand in accordance with the vacancies.
Pursuant to the recommendation, decision of the Governing
Body was passed and the petitioners were transferred from
their current place of posting to their transferred place of
posting vide office Order No. 2027 dated 29.07.2019. Another
set of PGT teachers were transferred to different districts in
the State of Jharkhand vide Office Order No. 2052 dated
31.07.2019. Pursuant to the aforesaid the petitioners were
relieved from their concerned school by the District Education
Officer of their districts in order to enable the petitioners to
join at their transferred place of posting. Accordingly, the
petitioners gave their joining in the office of the District
Education Officer of the respective districts in which they
were transferred and consequently they were posted to the
respective schools of the office of the District Superintendent
of Education. It has been stated that thereafter vide Office
Order No. 2069 dated 02.08.2019, the Order No. 2027 dated
29.07.2019 the corrigendum issued vide Office Order No.
2050 dated 31.07.2019 and Order No. 2052 dated 31.07.2019
were postponed by the respondents till further orders and
ultimately vide Order No. 2234 dated 28.08.2019 which is the
order impugned to the present writ application the transfer
orders of the PGT teachers and the corrigendum as well as
the subsequent Office Order dated 31.07.2019 were cancelled
by the respondents.
It appears that one set of teachers who were aggrieved
by the same Office Order No. 2234 dated 28.08.2019 had
challenged the same before this Court in W.P.(S) No. 4958 of
2019 and W.P.(S) No. 6152 of 2019 which were disposed of by
a common order dated 23.09.2020 by quashing the impugned
order with a further direction to the respondent to take a
decision in accordance with law. Consequent thereto vide
Memo No. 735 dated 21.03.2022 authorities had transferred
the petitioners of W.P.(S) No. 4958 of 2019 and W.P.(S) No.
6152 of 2019 to their respective transferred districts in
accordance with earlier order of transfer. It further appears
that another set of aggrieved PGT teachers had challenged the
Order No. 2234 dated 28.08.2019 in W.P.(S) No. 2721 of 2022
and W.P.(S) No. 2767 of 2022 wherein also a similar direction
was passed which were challenged before this Court in L.P.A.
No. 607 of 2022 and L.P.A. No. 614 of 2022 which though
was dismissed but it was observed that the said order shall
not be construed to be a precedence. There does not appear
to be any significant difference with the writ petitioners of the
earlier writ applications as there appear to be a common
prayer as the writ petitioners of the present writ application is
aggrieved by the Order No. 2234 dated 28.08.2019 which was
also the bone of contention by the other group of Post
Graduate Teachers and the direction enumerated in the said
orders have already been indicated above.
In such view of the matter, therefore, this writ
application is allowed and the Order No. 2234, dated
28.08.2019 passed by the respondent no. 3 is hereby
quashed and set aside with a direction to the respondent no.
3 to take a fresh decision in accordance with law.
This writ application stands allowed and disposed of.
(Rongon Mukhopadhyay, J.)
Alok/-
