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Patna High CourtCWJC/3993/2020disposed

Kshemendra Mohan v. The State Of Bihar

2020-02-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3993 of 2020 ====================================================== 1.

Kshemendra Mohan Son of Late Shri Vinodanand Mishra, Resident of Mohalla- Maithil Tola, Hisua, Police Station- Hisua, District- Nawada. At present posted and working as a Headmaster in Govt. Middle School Teyar, Block- Akbarpur, District- Nawada.

2.

Mithilesh Kumar Mishra, Son of Late Kamla Kant Mishra, Resident of Village- Somsa, Police Station- Hisua, District- Nawada. At present posted in Upgraded Middle School Gariba, Block- Rajauli, District- Nawada. 3.

Sanjay Kumar Sudhanshu, Son of Shri Kedar Prasad, Resident of VillageKurmi Tola, Near Midil School, Police Station- Hisua, District- Nawada. At present posted as a Headmaster in Upgraded Middle School Dhaab Sirdala, Block- Sirdala, District- Nawada.

... ... 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, Nawada. 5.

The District Education Officer-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Nawada. 6.

The District Education Officer, Nawada.

7.

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

8.

The District Programme Officer(Establishment) Nawada. 9.

The Block Education Officer, Akbarpur, District- Nawada. 10.

The Block Education Officer, Rajauli, District- Nawada. 11.

The Block Education Officer, Sirdala, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Jitendra Kr. Roy 1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2020 Learned counsel for the petitioners is permitted to make necessary correction as to details of petitioner no.2 in the

Patna High Court CWJC No.3993 of 2020(2) dt.26-02-2020 2/2 writ petition during the course of the day.

Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The present writ application has been filed for a direction to the respondents to transfer the petitioners as per Rule 3 read with Rule 5 (Kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion), Rules, 2018.

Without entering into the merit, the present writ application stands disposed of with a direction to the District Programme Officer (Establishment), Nawada to consider the case of the petitioners for transfer in terms of Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion), Rules, 2018 at the earliest preferably within a period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U