- (1.)W. P. (s) No. 1708/08 filed by petitioner Smt. Jharna acharya in which Smt. Savita Nair is respondent No. 5 and W. P. (s) No. 3400/08 filed by petitioner Smt. Savita Nair in which smt. Jharna Acharya is respondent No. 5 are being disposed of by this common order as petitioner-Smt. Jharna Acharya's transfer order dated 27. 2. 2008 (Annexure P-2) has been amended vide order dated 11. 3. 2008 and she has been posted as Headmistress, middle School, Bade-Hadmamunda in place of Middle School, kodenar No. 2, Block Kuankonda and Smt. Savita Nair has been posted in her place. Whereas, petitioner Smt. Savita Nair is aggrieved by the order dated 20. 5. 2008 (Annexure P-7) whereby above-referred order dated 11. 3. 2008 (Annexure P-3) has been amended in compliance of stay order dated 25. 4. 2008 (Annexure P-6) passed by this Court in W. P. (s) No. 1708/08 and Smt. Jharna acharya has been posted at Middle School, Kodenar-2, Block kuankonda in place of Smt. Savita Nair, who is now been posted at Middle School, Bade-Hadmamunda, Block Kuankonda.
(2.)UNDISPUTED facts in both the petitions are that vide order dated 21. 2. 2008 petitioner Smt. Savita Nair was promoted to the post of Headmistress and posted at Middle School, Bade-Hadmamunda. Smt. S. Borkar, who was working as Headmistress in the Middle School, Kodenar-2 died on 25. 2. 2008 and thus, the post of Headmistress fell vacant in the Middle School, Kodenar-2. Petitioner-Smt. Jharna Acharya was promoted to the post of headmistress vide order dated 27. 2. 2008 and was posted at middle School, Kodenar-2 on the basis of her preference. Smt. Jharna Acharya submitted her joining on 4. 3. 2008 in the office of Block Education Officer after she was relieved on 3. 3. 2008 from the Middle School, Bacehli. After the death of Smt. S. Borkar, petitioner Smt. Savita Nair submitted representation to the Collector, Dantewada against her posting at Middle School, bade-Hadmamunda and requested to modify the order dated 21. 2. 2008 and post her as Headmistress of Middle School, kodenar-2. The Collector, Dantewada, after receipt of representation from the petitioner Smt. Savita Nair, called smt. Savita Nair and Smt. Jharna Acharya both for counseling on 4. 3. 2008 and thereafter amended the posting order dated 21. 2. 2008 and also order dated 27. 2. 2008 vide order dated 11. 3. 2008 on the ground that Smt. Savita Nair is Senior Upper division Teacher and in promotion to Headmistress also she is senior to Smt. Jharna Acharya. Smt. Jharna Acharya, being aggrieved by the above amendment in her transfer order, filed W. P. (s) No. 1708/08 and this Court vide order dated 25. 4. 2008 stayed the execution of the order dated 11. 3. 2008 in respect of the petitioner Smt. Jharna Acharya, if not executed. The collector, South Bastar vide order dated 20. 5. 2008 (Annexure P-7) in compliance of order dated 25. 4. 2008 amended the earlier posting order dated 11. 3. 2008 of both the petitioners and now posted Smt. Jharna Acharya at middle School, Kodenar-2 and Smt. Savita Nair at Middle school, Bade-Hadmamunda.
(3.)LEARNED counsel for the petitioner Smt. Jharna Acharya vehemently argued that Smt. Savita Nair was transferred vide order dated 21. 2. 2008 of Annexure P-6 to Middle School, Bade-Hadmamunda. The order specifically mentions that teachers were to take their charge at their place of posting by 7. 3. 2008 failing which their promotion shall stand cancelled. Whereas, the petitioner was promoted vide order dated 27. 2. 2008 (Annexure P-2) and thereafter posted at Middle School, Kodenar-2. Complying the order of posting, the petitioner was relieved on 3. 3. 2008 from Middle School, Bacheli and she had given joining on 4. 3. 2008 vide Annexure P-5 in the office of Block education Officer. However, the Collector on the basis of counseling dated 4. 3. 2008 has amended her posting order and she has now been posted at Middle School, Bade-hadmamunda in place of Smt. Savita Nair. Relying on the judgment of the Hon'ble supreme Court in the matter of Tejshree Ghag etc. Vs. Prakash parashuram Patil and ors reported in 2007 AIR SCW 3673 it was argued that the petitioner was already posted at Middle School, kodenar-2 vide order dated 27. 2. 2008 and she had joined her services, whereas, Smt. Savita Nair was transferred to Middle school, Bade-hadmamunda on 21. 2. 2008 and she instead of complying the order dated 21. 2. 2008 preferred to make a representation after the death of Headmistress of Middle school, Kodenar-2 on 25. 2. 2008 for amendment in her transfer order and to post her at Middle School, Kodenar-2. The collector, Dantewada allowed her representation only on the ground that Smt. Savita Nair is senior to her as Upper Division teacher as also on the basis of promotion. Smt. Savita Nair was already posted in the said place as Upper Division Teacher since long and therefore, the reasons assigned by the Collector to accept her representation, amend her transfer order and post her in the same place as Headmistress is without any legal basis as seniority cannot be a criteria for posting of a teacher in a particular section of her choice.
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