Jharkhand High Court
Budhuwa Oraon vs Dav College Trust And Management ... on 10 January, 2019
Author: H. C. Mishra
Bench: H.C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.C.(S.B.) No.01 of 2008
With
I.A. No.1096 of 2010
Budhuwa Oraon ..... Appellant
Versus
1. DAV College Trust and Management Society,
Through its Secretary, New Delhi.
2. The Regional Director, DAV Public School,
DAV Public School, Ranchi.
3. DAV Public School, Hehal, Ranchi. .... Respondents
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Appellant : Mr. Bhola Nath Ojha, Advocate
For the Respondents : Vijay Kant Dubey, Advocate
-----
21/10.01.2019 Though this matter is listed under the heading 'For Orders', with the office note that the service report of the notice issued upon the respondent No.1 has not yet been received, but the fact remains that in the present application, the appellant has challenged his transfer from one school to another, which was made in the year 2006 itself.
By the impugned order dated 17.8.2007, passed by the Jharkhand Education Tribunal, Ranchi, in Case Nos. 36, 37 and 38 of 2007 (JET), the Tribunal had rejected the claim of the appellant, stating that the transfer order had already come into effect on the day of his relieving from his post.
Thereafter, this appeal has been filed, which is barred by limitation by 53 days.
In effect, in the present appeal, the transfer order issued in the year 2006 itself, is required to be adjudicated in the year 2019, which is not at all permissible. No cause of action survived in the case in the year 2007 itself, when the order was passed by the Jharkhand Education Tribunal, Ranchi.
This appeal is absolutely misconceived and is dismissed, as such. The aforesaid interlocutory application, filed for condonation of delay, also stands dismissed.
(H. C. Mishra, J.) R.Kumar