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Patna High CourtCWJC/21873/2018disposed

Mahendra Kumar v. The State Of Bihar And ORS

2019-07-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21873 of 2018 ====================================================== Mahendra Kumar Son of Ram Chandra Prasad, Resident of VillageBrahmastha, Police Station-Chandi, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Education Officer, Nalanda.

3.

The District Superintendent of Education Establishment, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Respondent/s :

Ms Abhanjali Ga-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non-consideration of his request for transfer. Learned counsel for the petitioner would submit that petitioner is physically challenged with 70 % disability. Referring to policy decision of the State Government and the rules, learned counsel submits that physically challenged deserves sympathetic consideration in the matter of transfer and posting.

The petitioner has approached the respondents for his transfer considering the fact that he is physically challenged but respondents are sitting tight over the matter and till date they

Patna High Court CWJC No.21873 of 2018(2) dt.02-07-2019 2/2 have not considered the request of the petitioner for transfer. The writ petition was filed on 6.11.2018 with two advance copies to the office of Advocate General but till date no counter affidavit has been filed by the respondents. Considering the aforesaid, the writ petition is disposed of with direction to the respondents to take appropriate decision with regard to request of the petitioner for transfer considering the fact that petitioner is physically challenged. Necessary decision in this regard may be taken by the respondents within a period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U