NARENDRA KUMAR TIWARI Vs. REGIONAL SECRETARY

JUDGEMENT

(1.) THE Petitioner seeks a direction to the Respondents to allow the Petitioner to work with them and further, to grant backwages including arrears and other service benefits.

(2.) THE facts, in brief, as projected by the Petitioner, is that the Petitioner was appointed as Lower Division Teacher in Gurudev Vidya Mandir, Manendragarh, and was posted there upto the year 1989. THEreafter, he was transferred to Saraswati Shishu Mandir, West Chirmiri and the Petitioner remained at West Chrimiri, till 11.7.2002. Due to his and his wife's illness, he was on leave from 12.7.2002 to 14.7.2002 for three days. During this period, the transfer order dated 04.07.2002 (Annexure P/1) was passed transferring the Petitioner from West Chirmiri to Saraswati Shishu Mandir, Kusmi. THE Petitioner, thereafter attempted to join his duty at West Chirmiri but he was declined. Thus, this petition.

(3.) IN Executive Committee of Vaish Degree College Samiti AIR 1976 SC 888 and Pear Lite Liners (P) Ltd. : (2004)3 SCC 172, the issue involved was whether the Principal of the College who was terminated, is entitled to the benefit of provisions of Article 311 of the Constitution of INdia. Thus, the same is not applicable to the facts of the case wherein the Respondents have raised the question of maintainability and not the applicability of the statutory provisions. The question with regard to maintainability was neither in issue nor discussed in the above judgments.