Ajoy Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6721 of 2018 ====================================================== Ajoy Kumar Son of Late Radha Mohan Prasad, resident of Mohalla- Bahuar Chaura, Behind Sen Ji Thakurbari, Police Station- Vishnupad, District- Gaya. At present posted and working as Headmaster in Govt. Middle School Shahmir Takia, Anchal- Nagar Nigam South, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Bihar, Patna. 4.

The Regional Deputy Director of Education, Magadh Division, Gaya. 5.

The District Education Officer, Gaya.

6.

The Chairman of District Teacher Transfer Committee-cum- District Education Officer, Gaya.

7.

The District Programme Officer Establishment Gaya. 8.

The Member Secretary of District Teacher Transfer Committee-cum- The District Programme Officer Est 9.

The Sub Inspectress of School, Nagar Nigam South, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Ms. Shilpa Singh, G.A. 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 The petitioner is aggrieved by non-consideration of his request for posting as per the policy decision of the State Government.

Learned counsel for the petitioner would submit that the petitioner is physically challenged and in the matter of posting, respondents are required to consider his case. Unfortunately, the respondents have not considered the case of the petitioner in the light of the policy decision and the statutory

Patna High Court CWJC No.6721 of 2018(3) dt.01-07-2019 2/2 provisions with regard to the transfer and posting, particularly, the physically challenged.

Sri Umesh Kumar Mishra, learned counsel for the petitioner, submits that the petitioner has approached the District Programme Officer (Establishment), Gaya, as well as the District Education Officer, Gaya with a request for transfer but his request has not been considered by the District Programme Officer (Establishment), Gaya and the District Education Officer, Gaya.

Considering the aforesaid, the present writ petition is disposed of with a direction to the respondent District Education Officer, Gaya as well as District Programme Officer (Establishment), Gaya to consider the case of the petitioner for transfer and posting keeping in view that the petitioner is physically challenged. Necessary decision in this regard may be taken by the respondents within a period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U