Shashi Bhushan Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20279 of 2018 ====================================================== Shashi Bhushan Pandey Son of Jag Ratna Pandey Resident of VillageMaghara, P.S.-Deepnagar, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Human Resources Development Department Government of Bihar, Patna. 2.

The Director, Primary Education, Bihar, Patna. 3.

The Regional Deputy Director of Education Patna Division, Patna. 4.

The District Magistrate, Nalanda.

5.

The District Education Officer, Nalanda at Bihar Sharif 6.

The District Programme Officer (est), Nalanda at Bihar Sharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadaw, GP 23 Ms. Meena Singh, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present matter is part of the batch cases in which the lead case is MJC No. 4585 of 2018.

3. The case has been tagged with MJC No. 4585 of 2018 by order of a coordinate Bench dated 15.07.2019.

4. Having regard to the nature of relief sought, the Court has taken up the matter separately.

Patna High Court CWJC No.20279 of 2018 dt.13-09-2019 2/3

5. The petitioner has moved the Court for the following reliefs:

(i) For direction the respondents to cancel the fresh posting order against the petitioner vide letter no. 1757 dated 05.05.18 where by and where under the petitioner has been posted as Headmaster from Middle school Jagdishpur Tiyari under Noorsarai Block to up graded Middle school Saidpur under Ben Block against the letter no. 102 dated 30.01.13 issued by the Director Primary Education and letter no. 69 dated 19.01.18 issued by the Principal Secretary Education Department Bihar, Patna in which it has been specific stated that newly promoted Headmaster shall be posted on seniority basis. The name of petitioner in seniority list at serial no. 163 out of 341 but he has been posted about 15 kilometre far away from where he was posted in spite of that several post of Headmaster is vacant in Bihar Sharif or Noorsarai Block.

(ii) For direction the Respondents for issuance of order/direction to the petitioner for posting as Headmaster under Bihar Sharif Block or Noorsarai Block where several post of Headmaster is still vacant .

(iii) For other order or direction in the facts and circumstances of the case in the interest of justice."

6. Having considered the matter, the relief which the petitioner has sought is untenable in view of the fact that even if the policy of the State Government relating to posting of Headmasters is considered, just because the school in which the petitioner has been posted as Headmaster is 15 KM away from his residence cannot be a ground to interfere in the order of posting dated 05.05.2018. It is not the case of the petitioner that there was

Patna High Court CWJC No.20279 of 2018 dt.13-09-2019 3/3 any DDO post left vacant or that he despite having sufficient seniority, was not given a place of posting as per his choice. Thus, he cannot raise any grievance with regard to the posting order dated 05.05.2018, which was a common posting order relating to Headmasters in the district of Nalanda.

7. Moreover, learned counsel for the petitioner also submitted that he shall not be pressing the application.

8. Accordingly, the application stands disposed off. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T