Allowed

Smt Jaya Devi v. the State of Jharkhand Thro Its Secretary (Primary Education) School Education and Literacy Deptt

Jharkhand HC2 Sept 2024WPC/4719/2024

Case brief

AI extract

What is this about?

Writ petition by a Block Education Extension Officer challenging her transfer to Vishrampur, Palamau months before retirement, relying on a 1980 government memo permitting employees retiring within one year to remain at their posting or choose a place. The court directed the Director, Primary Education to decide her representation within four weeks and stayed the transfer in the interim.

What did the court decide?

Decision on petitioner's representation within four weeks; transfer order dated 28.06.2024 stayed meanwhile; I.A.s disposed of.

Smt Jaya Devi Vs the State of Jharkhand Thro Its… — Service and Employment | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4719 of 2024

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------

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Smt. Jaya Devi, aged about 59 years, wife of Late Sudhakar Roy, Block Education Extension Officer, Nala Jamtara, P.O & P.S. Nala, District Jamtara, at present residing at Shanti Nagar, Sri Amrhapara, P.O. Shiv Pahara, P.S. Muffsil, District Dumka.

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… … Petitioner

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-Versus -

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The State of Jharkhand through its Secretary, (Primary Education), School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand.

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The Director, Primary Education (Directorate of Education) School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand.

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The Deputy Commissioner, Jamtara, at P.O + P.S. & District Jamtara, Jharkhand.

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The District Superintendent of Education, Jamtara, at P.O. + P.S. & District- Jamtara, Jharkhand.

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... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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-----For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate : Mr. Sanjit Kumar, Advocate For the Resp. State : Mr. Sanket Khanna, A.C to A.A.G-V ------

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02/02.09.2024

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Heard the parties.

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The petitioner has filed this writ application for quashing of Order No. 12 /m2-12/2019/820/ Ranchi dated 28.06.2024 issued under the signature of the Joint Secretary of Primary Education Directorate, School Education and Literacy Department of Government of Jharkhand (Annexure-1), whereby and wherein the petitioner was transferred to Vishrampur, Palamau from Nala Jamtara on the post of Block Education Extension Officer.

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The case of the petitioner is that presently she is posted as Block Education Extension Officer at Nala in Jamtara district. By transfer order of the aforesaid notification she has been transferred to Vishrampur, Palamau on the same post. It is further case of the petitioner that petitioner is going to retire within six months i.e she will retire in the month of February, 2025.

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Attention has been drawn towards the Memo No. 3918 dated

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25.10.1980, issued by the Department of Ministry of Secretariat Coordination Department. From perusal of which it transpires that the State Government has taken a decision that an employee who is to retire within one year, shall be allowed to continue on his place of posting or can be transferred to any other place of his/her choice.

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It was submitted that the petitioner has made a representation before the respondent no. 2, The Director, Primary Education (Directorate of Education) School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi, Jharkhand and no decision has been taken upon the representation filed by the petitioner.

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Learned counsel appearing on behalf of the respondent no. 2 assures that decision will be taken on the representation of the petitioner within four weeks by the respondent no. 2, The Director, Primary Education (Directorate of Education) School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi, Jharkhand.

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In light of the assurance given by the learned counsel appearing on behalf of the respondent no. 2, The Director, Primary Education (Directorate of Education) School Education and Literacy Department, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi, Jharkhand the respondent no. 2 will take a decision on the representation of the petitioner within four weeks in light of the provision as contained in Memo no. 3918 dated 25.10.1980. In the mean time the transfer order dated 28.06.2024 (Annexure-1) shall remain stayed.

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This writ application is allowed with the aforesaid direction.

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Pending I.A., if any, stands disposed of.

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(AmbujNath, J.)

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Rahul/-

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-2-

Smt Jaya Devi v. the State of Jharkhand Thro Its Secretary (Primary Education) School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

Smt Jaya Devi v. the State of Jharkhand Thro Its Secretary (Primary Education) School Education and Literacy Deptt

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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