Siyaram Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.596 of 2020 ====================================================== 1.

Siyaram Das Son of Late Raman Das Resident of Village- Tetariya Khurd, Police Station- Barachatti, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Gajrajgarh, Anchal- Barachatti, District- Gaya.

2.

Ram Sheo Prasad Sinha Son of Late Sant Lal Singh Resident of VillageKarwa Hakar, Police Station- Karpi, District- Arwal, Presently residing at Road No.13, Near Chandauti Block, Shastri Nagar West, Post OfficeRampur, District- Gaya, At present posted and working as a Headmaster in Govt. Adarsh Middle School Satanand Gram (Sagahi), Gurua, AnchalGurua, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-cum-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-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 6.

The District Education Officer, Gaya.

7.

The District Programme Officer (Establishment)-cum-the Member Secretary, District Elementary Teachers Promotion and Transfer Committee, Gaya.

8.

The District Programme Officer (Establishment), Gaya. 9.

The Block Education Officer, Barachatti, District- Gaya. 10.

The Block Education Officer, Gurua, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2020 Heard both sides.

The petitioners have filed this writ petition for a direction to the respondent authorities to consider the case of the

Patna High Court CWJC No.596 of 2020(2) dt.17-01-2020 2/2 petitioners for their transfer in view of the provision as contained in Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018.

Transfer is purely an administrative matter of the competent authority but if the petitioners have filed any representation for their transfer, the respondent authorities are obliged to dispose of the representation of the petitioners in accordance with law.

Having considered the facts aforesaid, this writ petition is disposed of with a direction to the respondent authorities to dispose of the representation of the petitioners within three months from the date of receipt of this order. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U