Masil Anwar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5223 of 2020 ====================================================== Masil Anwar Khan Son of Late Wakil Ahmad Taufique Resident of Sector-1, Haroon Nagar, Near Asha Madrasa, Police Station- Phulawari Sharif, DistrictPatna. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Rajapur, Anchal- Koilwar, District- Bhojpur, Ara. ... ... 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, Patna. 5.
The District Education Officer-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Bhojpur, Ara. 6.
The District Education Officer-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Patna. 7.
The District Education Officer, Bhojpur, Ara. 8.
The District Education Officer, Patna.
9.
The District Programme Officer (Establishment)-cum-the Member Secretary, District Elementary Teachers Promotion and Transfer Committee, Bhojpur, Ara.
10.
The District Programme Officer (Establishment)-cum-the Member Secretary, the District Elementary Teachers Promotion and Transfer Committee, Patna.
11.
The District Programme Officer (Establishment), Bhojpur, Ara. 12.
The District Programme Officer (Establishment), Patna. 13.
The Block Education Officer, Koilwar, District- Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Mishra For the Respondent/s :
Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic,
Patna High Court CWJC No.5223 of 2020(2) dt.11-06-2020 2/3 requiring social distancing.
Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The present writ petition has been filed by the petitioner seeking a directing upon the respondent to transfer the petitioner as Graduate Trained Teacher (Arts) from the district of Bhojpur at Ara to the district of Patna in which the post of Graduate Trained Teacher (Arts) is sanctioned and vacant, in terms of Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action & Promotion) Rules, 2018.
The learned counsel for the petitioner at the outset submits that the petitioner be granted liberty to approach the respondent no. 3 i.e. the Director, Primary Education, Bihar, Patna by filing appropriate representation and the respondent no. 3 be directed to dispose off the same within a stipulated time frame.
Having regard to the limited prayer made by the learned counsel for the petitioner, I deem it fit and proper to dispose off the present petition with liberty to the petitioner to file appropriate representation before the respondent no. 3 i.e. the
Patna High Court CWJC No.5223 of 2020(2) dt.11-06-2020 3/3 Director, Primary Education, Bihar, Patna, within a period of four weeks from today and in case such a representation is filed, the same shall be disposed off within a period of four weeks of filing of such representation.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U