TAPEN SEN, J. - (1.) HEARD . The facts Involved in this case are similar to C.W.J.C. No. 2952 of 1995 (R), C.W.J.C No. 3074 of 1995 (R), C.W.J.C. and No. 2820 of 1995 (R).
(2.) THE petitioners are aggrieved by the order dated 8.9.1995 (Annexure 3) by reason whereof it was inter alia intimate that those who had been promoted to the I.A. Trained Scale and B.A. Trained Scale as well as those persons who had been transferred will be reverted to their earlier posts. According to the petitioners, the order dated 8.9.1995 was initially challenged by some of the aggrieved teachers in C.W.J.C. No. 2637 of 1995 (R) and by order dated 14.9.1995 the operation of the said order dated 8.9.1995 so far as the petitioners of that case was concerned, was ordered to be stayed. According to the petitioners they were all appointed after following legal procedure through the Commission and were appointed on 21.9.1994 except the petitioner No. 1 and petitioner No. 8 who were already working as teachers for pretty long period of time. Although they joined their respective places of posting, they were subsequently transferred on various dates for purposes of joining in the new places as stated in paragraph 5 of the writ application. All of a sudden on 8.9.1995 all the teachers who had been transferred after 26.4.1995 were shocked to learn that an order had been passed on 8.9.1995 cancelling their orders of transfer and promotion. A writ petition bearing No. 1637 of 1998 (R) was filed and it was disposed off on 2.11.1998 directing that transfer of teachers cannot be deemed to have been cancelled and accordingly, a direction was passed upon the respondents to scrutinize and the case of each of the petitioners and an order was passed that there would be no order of retransfer who was found to have been transferred by the Establishment Committee or by the competent authority unless fresh order was passed by the competent authority.
(3.) A counter affidavit has been filed in which it has been stated that all orders of promotion/transfer were cancelled because the said orders were passed without approval and consent of the Establishment Committee which is the only empowered committee to pass orders of promotion and transfer of teachers. Since reference was not made to the Establishment Committee, the order was wholly without jurisdiction and therefore these orders were cancelled. It is further stated that in the meeting of the District Establishment Committee held on 7.9.1995, it was unanimously decided to cancel all such illegal orders of promotion/ transfer and it was further decided that even cases of transfers made after 26.4.1995 would stand cancelled and the transferees would be reverted to their original posts.;