D.N.PATEL,J. - (1.) This Letters Patent Appeal has been preferred by the appellant (original petitioner), whose writ petition has been dismissed by the learned Single Judge being W.P. (S) No. 3890 of 2016 vide order and judgment dated 26th July, 2016, whereby his transfer order dated 29th June, 2016 has been upheld and the same has not been interfered by the learned Single Judge. Hence, this Letters Patent Appeal has been preferred by the original petitioner.
(2.) Learned counsel for the appellant has submitted that this appellant was appointed as Assistant Teacher on 21st August, 2010 in the subject of Geography in the school situated in the district of East Singhbhum, who was appointed in the year 2010 and he was working in the school situated in district East Singhbhum. The result in his subject is approximately 94%. He was teaching the students of 9th and 10th standard and he has been transferred on 29th June, 2016 vide order at Annexure-3. It is submitted by the counsel for the appellant that as per Government Circular which is at Annexure-2, whenever, the result is less than 40% then only such teacher can be transferred. This aspect of the matter has not been properly appreciated by the learned Single Judge.
(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant who was appointed as Assistant Teacher in the month of August, 2010 in the subject of Geography for teaching the students of 9th and 10th standard in the school situated in the district of East Singhbhum was transferred in the very same district, but, in different blocks on 29th June, 2016 vide order at Annexure-3 to the memo of this Letters Patent Appeal.;