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Judgment
7 paragraphs · 217 wordsGopichand Bharuka, J.—In this writ application the petitioner is aggrieved by the order dated 17th December, 1990 and the order dated 11th June, 1992 passed by the respondent Director (Secondary Education), which have been filed as Annexures 1 and 2 respectively.
The petitioner is admittedly an Assistant Teacher working in Ramchandra Lalji High School, Mathura in the district of West Champaran. By Annexure 1 the Respondent Director had passed an order with a direction to the District Education Officer to post the petitioner in any nationalised school in the district in which there be a vacancy in the subject of the petitioner, but subsequently the said order suspended by another order dated 28-1-1991. But the impugned order of suspension has been revoked the Director thereby reviving the order of transfer.
In CWJC No. 6938 of 1992 I have held that the Director has no authority to pass any order of transfer in respect of Assistant Teachers of Secondary Schools in view of Rule 12 as amended by a notification dated 28th April, 1988. Therefore, the impugned orders are hereby quashed.
It will be open for the competent authorities to pass appropriate order of transfer in accordance with law.
The writ application is allowed to the above extent.
S.B. Sinha, J.
I agree.