S.J.MUKHOPADHAYA, J. - (1.) PETITIONERS earlier challenged their respective orders of transfer all dated 11th July, 2001 before this Court in WP (S) No. 3518 of 2001, A bench of this Court on 6th August, 2001 disposed of the writ petition and passed the following orders : The petitioners have challenged the orders contained in Memo Nos. 2026, 2024 and 2027, all dated 11th July, 2001, whereby and whereunder, by the order of the D.S.E., Dumka -cum -Jamtara, the petitioners have been transferred to other schools. The petitioners claimed to be assistant Teachers in different schools. Their grievance is that in terms of the statutory rule framed by the State Government, under Section 85 of the Bihar Reorganisation Act, 2000, notified on 16th February. 2001, whereby 1994 Rule was amended, the petitioners are entitled for consideration of their cases for posting in their Home Block District. It is alleged that though options were called for from the teachers and petitioners had already submitted such options, the authorities issued impugned orders, all dated 11th July, 2001, transferring the petitioners to some other Districts without taking into consideration the options and the Rules notified on 16th February, 2001. Having regard to the facts and circumstances, the petitioners are given liberty to approach the D.S.E., Dumka -cum -Jamtara. He will place the matter before the concerned Establishment Committee and determine individual case, taking into consideration the notification issued by the State of Jharkhand dated 16th February, 2001 and communicate the decision to such petitioners within six weeks from the date of receipt of such representations. The petitioners may also move before the said authority for stay of transfer till such decision is taken on their representations by the authority. The writ petition stands disposed of."
(2.) THE grievance of the petitioners is that the District Superintendent of Education, Dumka -cum -Jamtara thereafter issued the order contained in Memo No. 2653 and 14th September, 2001 without considering individual claim of each of the petitioners. The earlier orders of transfer have only been confirmed by the Establishment Committee though it was required to consider the case of individual petitioners. A Bench of this Court passed interim order of stay on 4th February, 2002 whereafter, by interim arrangement, the petitioners have been posted in different schools within the District of Dumka vide order contained in Memo No. 697 dated 30th March, 2002. This shows that there are vacancies in the District of Dumka where the petitioners can be accommodated as per guidelines/rules framed by the State.
(3.) THE respondents in their affidavit, though supported the order dated 14th September, 2001 but it has not been disputed that the Establishment Committee had not considered the cases/representations of each of the petitioners separately on merit as was ordered by this Court.;