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High Court of Jharkhand · body

2025 DAILYLAW 25161 (JHR)

KRISHNA KUMAR PANDEY v. THE STATE OF JHARKHAND THROUGH THE SECRETARY DEPTT OF SCHOOL EDUCATION AND LITERACY

WPC/5314/2024 · 2025-01-10

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5314 of 2024 ---- Krishna Kumar Pandey son of Late Kauleshwar Pandey, resident of village Salga, PO PS Giddhor, District Chatra, Jharkhand. … Petitioner -versus- 1. The State of Jharkhand through the Secretary, Department of School Education & Literacy, Government of Jharkhand, having Office at M.D.I. Building, Dhurwa, PO Dhurwa, PS Jagannathpur, District Ranchi, Jharkhand. 2. The Director, Primary Education, School Education and Literacy Department, Government of Jharkhand, having Office at M.D.I. Building, Dhurwa, PO Dhurwa, PS Jagannathpur, District Ranchi, Jharkhand. 3. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Sahebganj, PO PS Sahebganj, District Sahebganj. 4. The District Education Officer, Sahebganj, PO PS Sahebganj, District Sahebganj. 5. The District Superintendent of Education, Sahebganj, PO PS Sahebganj, District Sahebganj. … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Shresth Gautam, Advocate For the Respondents: Ms. Laxmi Murmu, G.P. I ---- 2/ 10.01.2025 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. In this writ petition, the petitioner has prayed to quash Annexure 6, whereby his application for transferring the petitioner from Upgraded Middle School, Narayanpur, Dariya in Sahebganj District to Chatra has been rejected. Further a prayer has been made to direct the respondents to transfer the petitioner from Sahebganj to Chatra on special circumstances. 3. The petitioner is a teacher working in the district of Sahebganj. He preferred an application for transfer from Sahebganj to Chatra as per the policy “on other special circumstances a teacher can be transferred”. The petitioner claims that his mother is suffering from Asthama from years. Now she needs care and since there is no one in the family to care, he needs to be transferred from Sahebganj to Chatra. 4. Admittedly, there is a policy for inter-district transfer of teachers “on other special circumstances teachers can be transferred”. The petitioner is claiming to be transferred on the grounds mentioned above, which was rejected by the respondents vide impugned order. Though no reasons have -: 1 :- been assigned in the impugned order at Annexure 6, as to why his case has been rejected, counsel for the State submits that there is no concrete proof in support of the medical illness of the mother of this petitioner, thus the request was rejected. 5. While going through the documents, I find that the petitioner has claimed transfer on the ground that his mother is suffering from asthama. Some medical documents have been annexed as Annexure 5 Series. Annexure 5 series are some prescriptions and one blood report. Nowhere these reports suggest that the mother of the petitioner is critically ill. There is no other document available in the record, which would suggest that the mother of the petitioner is critically ill, which warrants transfer of the petitioner. 6. It has been stated that these are the only documents, which were also annexed along with the application submitted by the petitioner for transfer. Based on these documents, I am of the opinion that it cannot be concluded that the mother of the petitioner is seriously ill. Be it noted that the grounds taken by the counsel for the petitioner is serious illness of his mother. Since the documents were unsupportive and does not suggest that the mother is seriously ill, I find that the respondents have committed no illegality in rejecting the application of the petitioner for transfer on the ground of special circumstances. If in future any concrete proof is provided, it will be open to the respondents to consider the case on merits. 7. This writ petition is, accordingly dismissed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Kumar/Cp-02 -: 2 :-