Manoranjan Kumar Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2311 of 2017 =========================================================== Manoranjan Kumar Roy Son of Sukdeo Rai R/o village - Kolha, P.S. - Kadwa, District - Katihar, presently posted as Incharge Headmaster of the Upgraded Middle School, Bhogaon, Block - Kadwa, P.S. - Kadwa, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2. The District Magistrate, Katihar.

3. The District Education Officer, Katihar.

4. The District Programme Officer (Establishment), Sarv Shiksha Abhiyan Office, District - Katihar.

5. The Block Education Officer, Kadwa, District - Katihar.

6. Ranjan Kumar Bishwash Son of Late Sukdeo Bishwash R/o Village - Purana Sonaili, P.S. - Kadwa, District - Katihar, presently posted as Assistant Teacher in Upgraded Middle School, Bhogaon, Block - Kadwa, P.S. - Kadwa, District - Katihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Respondent/s : Mr. Ram Balak Mahto =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 14-09-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case the petitioner is challenging the order dated 15.12.2016, whereby and whereunder, the petitioner has been transferred from Upgraded Middle School, Bhogaon, Kadwa to the Upgraded Middle School, Sikorna, Kadwa.

The petitioner was promoted from Matric Trained Scale to Graduate Trained Scale and allowed to work on Graduate Trained

Patna High Court CWJC No.2311 of 2017 dt.14-09-2017 Scale in the same school and, later on, by the impugned order dated 15.12.2016, he has been transferred from Upgraded Middle School, Bhogaon, Kadwa to the Upgraded Middle School, Sikorna, Kadwa. Learned counsel for the petitioner submits that within ten days, the subsequent transfer order has been issued and, that too, only against certain persons. It has further been submitted that it has been done with the successor, he was posted at Sikorna, Kadwa and transferred to Bhogaon, Kadwa whereas the petitioner was posted at Bhogaon, Kadwa and transferred to Sikorna, Kadwa. In the opinion of this Court, firstly the petitioner must join the new place of posting and if, thereafter, still he has a grievance, he may file an application before the appropriate authority raising his grievance and the Authority concerned will look into the matter and take decision in accordance with law. With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.09.2017 Transmission Date NA