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Patna High CourtCWJC/11107/2017disposed

Ramjit Ram v. The State Of Bihar And ORS

2017-11-07Mr. Justice Dinesh Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11107 of 2017 ====================================================== Ramjit Ram, Son of Late Lautan Ram, Resident of Village - Manjhi, South Tola, P.O. & P.S.- Manjhi, District - Saran.

... ... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Education Department, Government of Bihar, Patna.

3. The District Education Officer, Saran, Chapra.

4. District Programme Officer (Establishment), Saran, Chapra.

5. Block Development Officer, Manjhi, Saran.

6. Block Education Officer, Manjhi, District - Saran.

7. Incharge Headmaster, Government Girls Middle School, Manjhi, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 Mr. Arbind Kumar, AC to GP-17.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-11-2017 Heard Mr. Binod Kumar Sinha, learned counsel for the petitioner and Mr. Arbind Kumar learned AC to GP-17. The present writ application has been filed for quashing the order as contained in Memo No. 520 dated 01.07.2017, issued by respondent no.5, the Block Development Officer, Manjhi, Saran, as contained in Annexure-5, whereby the petitioner has been directed to join Middle School, Raghunath Girika Mathiya, Manjhi. Further prayer has been made for a direction to the respondent authorities to allow the petitioner to join at Government Girls Middle School, Manjhi and to work as a Block Teacher.

2/4 However, prayer has been made on behalf of learned AC to GP-17 for adjournment to enable him to file counter affidavit, but the learned counsel for the petitioner submits that he confines his prayer at present to the extent that the present writ application be disposed of with direction to respondent no.4, the District Programme Officer (Establishment), Saran, Chapra to dispose of the representation of the petitioner dated 05.07.2017, as contained in Annexure-9.

The factual matrix of the case is that the petitioner was appointed as Block Teacher in the year 2003 and posted at Middle School, Girika Mathiya, Manjhi, Saran and accordingly, he joined there. The then Block Education Officer, Manjhi, Saran, vide Memo No. 416 dated 20.11.2015, as contained in Annexure-1 (series) transferred the petitioner to Government Girls Middle School, Manjhi. In pursuance to the approval of the Block Education Officer, the petitioner joined the said school, and thereafter, the petitioner was deputed for election work at Block Office, Manjhi. Though, the Deputy Election Officer, Saran, vide letter no. 08.11.2016, as contained in Annexure-2, directed the Block Development Officer, Manjhi not to transfer the petitioner without approval of the Election Commission, but when the petitioner went to Government Girls

3/4 Middle, School, Manjhi, Saran on 02.11.2016, he was not allowed to mark attendance as he was never been served any transfer letter. However, vide Memo No. 61572 dated 06.06.2017, as contained in Annexure-5, the District Programme Officer (Establishment), Saran directed for cancellation of deputation of teachers and the petitioner was directed to join the Government Girls Middle School, Manjhi. In pursuance to that, the petitioner on 08.06.2017 went to join in the said school, but he was not allowed to join. Thereafter, vide Memo No. 530, dated 01.07.2017, as contained in Annexure-7, issued under the signature of the Block Development Officer, Manjhi, the adjustment of the petitioner in Government Girls Middle School, Manjhi was cancelled and the petitioner was directed to join the Middle School, Raghunath Girike Mathiya, Manjhi. Hence, the present writ application.

In view of the present confined prayer of the petitioner for disposal of the representation, as contained in Annexure-9, the present writ application is disposed of with a direction to respondent no.4, the District Programme Officer (Establishment), Saran to dispose of the representation of the petitioner, as contained in Annexure-9 within a period of four weeks from the date of receipt/production of a copy of this

4/4 order.

(Dinesh Kumar Singh, J) Amrendra/- U