Jharkhand High Court
Lutheran Middle School Through Its ... vs The State Of Jharkhand And Ors on 29 January, 2015
Author: D.N. Patel
Bench: D. N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 136 of 2014
With
I.A. No. 4137 of 2014
Lutheran Middle School, Burju P S Murhu District Khunti through its Secretary
Rev. Jai Prakash Gudia Son of Late Jai Mashi Gudia residing at GEL Church,
P.O. Burju, P.S. Murhu, District Khunti ...... Appellant
Versus
1.The State of Jharkhand through the Chief Secretary, Dhurwa, Ranchi
2. Director, Primary Education, Department of Human Resources, Jharkhand, Ranchi, Project Building, P.O. & P.S. Dhurwa, District Ranchi
3. District Superintendent of Education, P.O. & P.S. and District Ranchi
4. Smt. Kripa Aind wife of Sri Royan Purti resident of Village Raidih, P.O. Burju, P.S. Murhu, District Khunti ...... Respondents CORAM: HON'BLE MR. JUSTICE D. N. PATEL HON'BLE MR. JUSTICE P. P. BHATT For the Appellant : Mr. Sudarshan Shrivastava, Advocate For the RespondentState : Mr. Abhay Kumar Mishra, S.C.III For Respondent No. 4 : Mr. A.K. Sahani, Advocate th 08/ Dated: 29 January, 2015 Per D.N. Patel, J.:
L.P.A. No. 136 of 2014
1. Having heard learned counsel for both the sides and looking to the contentious issues raised in this Letters Patent Appeal, it is Admitted.
2. Learned counsels for the respondents waive notice of admission. I.A. No. 4137 of 2014
3. This interlocutory application has been preferred for getting stay against the operation, implementation and execution of an order passed by the learned Single Judge in W.P. (S) No. 1127 of 2004, order dated 22 nd August, 2013 as well as the order passed by the Director, Primary Education, Ranchi dated 29th November, 2003.
4. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that respondent no. 4 was transferred from one school to another school within the same campus on 9th May, 1989.
This transfer order was challenged by respondent no. 4 by filing Title Suit No. 2 12 of 1989, which was dismissed by the trial court at Ranchi on 12th October, 1993, thereafter, respondent no. 4 preferred First Appeal No. 7 of 1994 before the District Court and the same was also dismissed vide order dated 27th November, 2002, against which, respondent no. 4 preferred Second Appeal under Section 100 of the Code of Civil Procedure before this Court, which was also dismissed, thereafter, respondent no. 4 preferred one writ petition bearing C.W.J.C. No. 3439 of 1994 (R), which was withdrawn vide order dated 22nd February, 1995 by reserving liberty to prefer representation and avail the alternative remedy.
5. Thus, it appears that the issue of transfer of respondent no. 4 was already decided in the Suit, in the First Appeal and in the Second Appeal which has attained its finality and the issue of transfer of respondent no. 4 dated 9th May, 1989 was held as a valid one. Respondent no. 4 has never approached Hon'ble the Supreme Court against the order passed in the Second Appeal.
6. Now, second round of litigation has started, by way of representation. Again decided issue was raised by respondent no. 4 that as the transfer was illegal, another teacher appointed on her place was also illegal and any how the Director, Primary Education, Ranchi was convinced and he passed an order in favour of respondent no. 4 dated 29th November, 2003 to the effect that transfer of respondent no. 4 was illegal, therefore, another teacher appointed on her place was also illegal. Thus, it appears that the Director, Primary Education, Ranchi has redecided the issue. In fact, the transfer order of respondent no. 4 dated 9th May, 1989 was a main issue in the Suit, in the First Appeal as well as in the Second Appeal and also in the writ petition bearing C.W.J.C. No. 3439 of 1994 (R). All these Suit, First Appeal, Second Appeal and earlier writ petition were dismissed, but, wiser Director, Primary Education, Ranchi has redecided the issue and whole trouble has been started. This makes a prima facie case in 3 favour of the appellant, balance of convenience is also in favour of the appellant and the teachers who are already appointed, their salary have also been paid by the appellantManagement and now that has to be borne by the appellant and without any work being done by respondent no. 4, there is an order to make payment of salary by the Director, Primary Education, Ranchi. This makes the case of the present appellant for fulfilment of third criteria of irreparable loss. Thus, all the three aspects are in favour of the present appellant. Hence, we hereby stay the operation, implementation and execution of an order passed by the learned Single Judge in W.P. (S) No. 1127 of 2004, dated 22nd August, 2013 and we also hereby stay the operation, implementation and execution of the order passed by the Director, Primary Education, Ranchi dated 29th November, 2003, during pendency and final hearing of this Letters Patent Appeal.
7. Accordingly, I.A. No. 4137 of 2014 is allowed and disposed of.
(D.N. Patel, J.) (P.P. Bhatt, J.) Ajay/