Chandan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 16389 of 2017 ====================================================== Chandan Kumar, son of Jhappu Mandal @ N K Mandal, Resident of Village and Post - Mahisauna, PS and District - Lakhisarai ... ... Petitioner/s

Versus

1 The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna 2 The District Programme Officer, Establishment, Department of Education, Lakhisarai 3 The District Education Officer, Lakhisarai 4 The Block Education Officer, Chanan, Lakhisarai 5 The Incharge Head Master, Primary School, Harijan Tola, Itaun 6 The Mukhiya, Gram Panchayat, Kundar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Praveen Kr & Jyoti Ranjan Jha, Advocates For the Respondent/s :

Mr Arbind Kumar, AC to GP XXIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-11-2018 It is submitted by the learned counsel for the petitioner that in view of threat to his life at the Primary School, Gobardaha, Kodasi, he has been deputed to Primary School, Harijan Chanan Tola, Itaun by the Block Education Officer, under order dated 29.08.2016. It is his submission that the order of deputation has been reversed by Office Order dated 10.02.2017 impugned in the instant writ petition as it is without jurisdiction.

This Court, without going into the said issue, would observe that as per the averments made in the writ petition, the Incharge Hadmaster, Primary School, Harijan Tola, Itaun, under

Patna High Court CWJC No.16389 of 2017(3) dt.28-11-2018 2/2 letter dated 13.02.2017 addressed to the District Programme Officer (Establishment), Education Department, Lakhisarai has requested him to maintain deputation of the petitioner in the present School as his transfer would adversely affect the education of the children where he is presently working. This Court would only observe that in view of communication dated 13.02.2017 (Annexure 5), the District Programme Officer (Establishment), Education Department, Lakhisarai should take a final decision in respect of the petitioner's deputation to remove any uncertainty. The writ petition stands disposed of.

Let final decision be taken in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) M.E.H./- U