- (1.) I have heard learned counsel for the petitioner. No one appears from the respondents' side. A counter affidavit has been filed by Mr. Shivendra Kumar, District Superintendent of Education, Deoghar.
(2.) Para-24 of the writ petition reads as follows: "That annexure-3 further reads that in case of both the wife and husband being teachers, both posted in the same school and where the same is not possible both of them be posted in near by schools. It is submitted that the wife of the petitioner namely Usha Kumari Sah is also a teacher and posted at Primary School, Bhairwatand in Mohanpur block. However, before issuing the impugned annexure the respondents have failed to adhere to this directive of the State Government also and the petitioner has been posted at a school situated at a distance of about 80 kms from where his wife is posted. It is not a case that there is no vacancy in the schools of Mohanpur Block, in fact there is acute shortage of teachers and in almost all schools there is shortage of teachers."
(3.) The reply to the said paragraph as contained in paragraph 19 of the Counter-affidavit reads as follows: "That in reply to the statement made in paragraph nos. 21, 22, 23 and 24 of the writ application, it is stated herein that the place of posting of the Govt. employee depends upon the requirement, need and efficiency. The state has prerogative to utilize the services of its employee as per need and requirement and on this context the petitioner is transferred.";