The Patna High Court disposed of Public Interest Litigation (PIL) filed seeking a direction to the respondents not to make deputation of teachers in non-teaching fields/spheres except in decennial population census, disaster relief duties or duties relating to elections and for other reliefs.
The PIL has been filed by one Advocate.The case of the petitioner is that deputation of teachers are being made in different departments contrary to the guidelines issued by the Education Department.
Jitendra Kumar Rai, Advocate for the petitioner by giving examples prays for conduct of enquiry in specific cases where the teacher concerned has been deputed in another school and thereafter without cancellation of the said order of deputation, contrary to the guidelines, she has been deputed in some other school. It is submitted that teacher concerned has neither worked in the first school nor in the second school where she was deputed.
A counter affidavit has been filed, sworn by the District Programme Officer, on behalf of respondent nos. 6 and 7 (The District Education Officer and The District Programs Officer, (Establishment), Patna) stating therein that the Block Education Officer vide letter dated 3.8.2023 has informed that all the deputations have been cancelled vide Education Department’s order contained in Memo dated 1.7.2023. Once again the respondents have come out with an office order contained in Memo dated 4.7.2023 issued under the signature of the Director (Administration)-cum-Additional Secretary, Education Department, Government of Bihar cancelling all deputations and directing all teachers to join their original place of posting within 24 hours or else further payment of their salary will be stopped. The order further states that the same has been passed on approval of the Additional Chief Secretary, Education Department, Government of Bihar and has come into force with immediate effect.
Having heard counsel for the parties and having perused the material on record, especially the order passed by the respondents contained in Memo dated 1.7.2023 and Memo dated 4.7.2023, both issued under the signature of the Director (Administration)-cum-Additional Secretary, Education Department, Government of Bihar cancelling the deputation of all teachers and directing them to join their original place of posting within 24 hours, the Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy opined there is no further requirement to keep the instant application pending.