Sunil Kumar Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2374 of 2018

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Sunil Kumar … Petitioner - Versus -

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The State of Jharkhand through the Secretary, School Education and Literacy Department, Ranchi

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The Director Primary Education, School Education and Literacy Department, Government of Jharkhand, Ranchi 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, West Singhbhum 4. The Regional Deputy Director of Education (RDDE), Kolhan Division, Chaibasa, West Singhbhum

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The District Superintendent of Education, West Singhbhum

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... … Respondents

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WITH

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Cont. Case (Civil) No.232 of 2018

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Sunil Kumar ….. Petitioner -Versus-

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The State of Jharkhand 2. Ms. Meena Thakur 3. Shri Shailesh Kumar Chourasia …........... Opposite Parties ------

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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- For the Petitioner(s)	---- : Mr. Manoj Tandon, Advocate
For the Res.-State	: Mr. Ravi Kerketta, S.C.-VI : Ms. Ruby Yadav, A.C. to S.C.-VI (W.P.(S) No.2374 of 2018)
For the Resp.-State	: Mr. Shivam Singh, A.C. to S.C.-II (Cont. Case (Civil) No.232 of 2018) ---

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10/09.07.2024

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Heard the parties.

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The petitioner has filed this writ petition for quashing and setting aside the office order contained in Memo No.1385 dated 21.04.2018 (Annexure-8) issued by respondent No.5 the District Superintendent of Education, West Singhbhum, whereby the petitioner was transferred from Rajkiya Buniyadi Vidayalaya Jorapokhar, Jhinkpani, West Singhbhum to Upgraded Middle School Domlai, Manoharpur.

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The case of the petitioner is that he was appointed as a teacher in basic school which is a divisional cadre school and he has been transferred from Rajkiya Buniyadi Vidayalaya Jorapokhar, Jhinkpani,

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West Singhbhum to Upgraded Middle School Domlai, Manoharpur, which is a normal primary school. It is further case of the petitioner that he cannot be transferred to normal primary school, but he can transferred from the present place of his posting to only a basic school which was functional in various divisions of Jharkhand.

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It was submitted that vide order passed in W.P.(S) No.3603 of 2003 with W.P.(S) No.353 of 2005 by a learned Single Bench of this Court dated 15.02.2007, this issue has been laid to rest. The Single Bench of this Court has held that the cadre of Government Basic School and that of Nationalized Elementary School are different, whereas the cadre of government basic school is a divisional cadre, the cadre of Nationalized Elementary School is the district cadre and as such, a person who is the divisional cadre cannot be transferred to a district cadre.

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It was submitted on behalf of the respondents that the petitioner was appointed in the district cadre itself and his present place of posting to district cadre was well within the purview of the permitted rules.

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Earlier the petitioner was transferred to Nationalized Elementary School, he had challenged his transfer by the W.P.(S) No.2259 of 2002. Vide order dated 02.02.2010 his transfer order was quashed and it was held that the facts of the case was covered by decision of learned Single Judge of this Court dated 15.02.2007 passed in W.P.(S) No.3603 of 2003 with W.P.(S) No.353 of 2005. The respondents were further directed to treat the petitioner in accordance with the directions given in that decision.

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The petitioner was earlier transferred to a district cadre and it was held that he should be transferred to a school under divisional cadre only (basic school). This order passed by learned Single Bench of this Court in W.P.(S) No.2259 of 2002 was not challenged by the respondents in any appellate forum. Vide office order dated 02.04.2018, the petitioner has again been transferred to Upgraded Middle School Domlai, Manoharpur, which is an Elementary School. He has again been transferred from a divisional cadre to a district cadre.

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In view of the decisions passed in W.P.(S) No.3603 of 2003 with W.P.(S) No.353 of 2005, the petitioner cannot be transferred from divisional cadre to district cadre. Accordingly, the transfer order passed by the District Superintendent of Education, West Singhbhum dated 21.04.2018 is quashed. The respondents shall be at liberty to transfer the petitioner from present place of posting to basic school of divisional cadre.

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Cont. Case (Civil) No.232 of 2018

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In light of the order passed in W.P.(S) No.2374 of 2018, this application is disposed of with a direction to the respondents to comply with the order passed in W.P.(S) No.2374 of 2018 as posted the petitioner in a basic school.

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(Ambuj Nath, J.)

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Jay/-

Sunil Kumar v. the State of Jharkhand

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Sunil Kumar v. the State of Jharkhand

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