Pallawi Dixit Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Pallawi Dixit Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Consent-based disposal by directions: petitioners to file fresh representations with supporting documents within two weeks; respondents to hear them and pass speaking, reasoned orders within six weeks thereafter (considering prevalent rules/guidelines, the rules framed under the Transfer Policy, 2019, and parity with similarly situated teachers already transferred), communicating the decision; any entitlement to be implemented within a further four weeks.

Issue for consideration

Whether the respondents are to be directed to consider the petitioners' cases for transfer according to the preferences specified in their respective applications and the vacancies available in the preferred schools, in accordance with the rules framed under the Transfer Policy, 2019, taking into account that similarly situated teachers have already been transferred for the same and similar reasons.

Court's answer

On consent of counsel for both sides, the petitioners are directed to file fresh representations annexing all relevant documents relied upon, within two weeks from receipt of a copy of the order.

Ratio / Principle

Upon receipt of the fresh representations with the copy of the order, the respondents shall consider them in accordance with law, give ample opportunity of hearing, and pass a speaking and reasoned order within a further period of six weeks — taking into account the prevalent rules and guidelines, the rules framed under the Transfer Policy, 2019, and the fact that similarly situated teachers have already been transferred for the same and similar reasons — and communicate the decision to the petitioner.

Key takeaways

If the petitioners are found entitled to the benefits prayed for, the same may be extended to them within a further period of four weeks.ratio¶48

Detailed headnote1 paragraphs

W.P.(S). No. 2121 of 2024 (High Court of Jharkhand at Ranchi, Dr. Justice S.N. Pathak, 14.05.2024): Twenty-one petitioners sought a direction that the State respondents consider their cases for transfer according to the preferences stated in their applications and available vacancies, in accordance with the rules framed under the Transfer Policy, 2019, noting that similarly situated teachers had already been transferred for the same and similar reasons. With counsel for both sides consenting to a representation-based course, the writ petition was disposed of by directions: petitioners to file fresh representations annexing relevant documents within two weeks; respondents, on receipt, to consider the representations in accordance with law after ample opportunity of hearing and pass speaking, reasoned orders within a further six weeks, weighing the prevalent rules and guidelines, the Transfer Policy, 2019 rules, and the parity factor, and to communicate the outcome; if found entitled, benefits to be extended within a further four weeks. Separately, I.A. No. 4126 of 2024 was allowed, permitting correction of the cause-title so that respondent no. 2 reads Director (Primary Education), School Education and Literacy Department, instead of Director (Secondary Education). No precedent was cited and no monetary award arises.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S). No. 2121 of 2024

Pallawi Dixit

Banamali Kumar Saha

Sumita Maity

Kishwar Rana

Rashmi Lal

Sumitra Lakra

Sharmishta Ghoshal

Rekha Mondal

Manjushri Devi

10.Nirmala Jyoti Kachhap

11.Maimun Khatoon

12.Runa Devi

13.Salomi Marandi

14.Indrani Paul

15.Reeta Kumari

16.Madhuri Pathak

17.Laxmi Kachhap

18.Jyoti Lakra

19.Rameshwari Singh

20.Anup Kumar Dutta

21.Rajesh Kumar Gupta ………. Petitioners

Versus

The State of Jharkhand.

The Secretary, Department of School Education and Literacy Department, Ranchi.

The Director (Primary Education), School Education and Literacy Department, Ranchi.

………. Respondents.

CORAM: HON'BLE DR. JUSTICE S.N.PATHAK

----------- For the Petitioners : Mr. Indrajit Sinha, Advocate Ms. Monalisa Singh, Advocate For the Respondents : Dr. Vandana Singh, Sr.SC-III Ms. Neha Pandey, AC to Sr.SC-III

I.A. No. 4126 of 2024

02/ 14.05.2024 This interlocutory application has been filed to carry-out necessary amendment in the cause-title of the writ petition.

2. Learned counsel for the petitioners submits that inadvertently the designation of respondent No. 2 has been typed as the Director (Secondary

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Education), School Education and Literacy Department instead of the Director (Primary Education), School Education and Literacy Department and therefore, the petitioners may be permitted to make suitable corrections in the cause-title of the main writ application.

3. Learned counsel for the respondent-State has no objection to the same. 4. In view of fair submissions of learned counsel for the parties, I.A. No. 4126 of 2024 stands allowed and learned counsel for the petitioners is permitted to make suitable corrections in the cause-title of the main writ application in course of the day.

W.P.(S). No. 2121 of 2024

Heard the parties.

2. Petitioners have approached this Court with a prayer for direction upon the respondents to consider their cases for transfers according to the preferences specified in their respective applications as well as vacancies available in the preferred Schools in accordance with the rules framed under the Transfer Policy, 2019 and also in view of the fact that similarly situated teachers have already been transferred for the same and similar reasons stated by the present petitioners.

3. At the very outset, learned counsel appearing for the petitioners submits that suffice it would be if a direction is given to the petitioners to file fresh representations for redressal of their grievances and upon receipt of the same, respondents may be directed to pass reasoned order on their representations within a stipulated period of time.

4. On the other hand, learned counsel for the respondents submits that if this Court directs the petitioners to file fresh representations before the respondent-authorities, the respondents shall pass reasoned order on the same.

5. In view of the fair submissions of the learned counsel for the parties, I hereby direct the petitioners to file fresh representation annexing all the relevant documents on which they are relying, within a period of two weeks from the date of receipt of a copy of this order and after receiving the same

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alongwith the copy of this order, the respondents, shall consider the same in accordance with law and after giving ample opportunity of hearing to the petitioners, pass a speaking and reasoned order taking into account the prevalent rules, guidelines and rules framed under the Transfer Policy, 2019 as well as the fact that similarly situated teachers have already been transferred for the same and similar reasons as stated by the present petitioners, within a further period of six weeks, which shall also be communicated to the petitioner.

6. It goes without saying that if the petitioners are found entitled for the benefits, as prayed for, the same may be extended to them within a further period of four weeks.

7. With the aforesaid observations and directions the writ petition stands disposed of.

kunal/-

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