Nutan Kumari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4252 of 2019 ====================================================== 1.

Nutan Kumari, wife of Sri Nityanand Mahto, resident of Village- Manikpur, P.O.- Kawadpur, P.S.-Suryagarha, District-Lakhisarai. 2.

Usha Kumari, wife of Sri Jawahar Mahto, resident of Village- Manikpur, P.O.- Kawadpur, P.S. Suryagarha, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director (Primary Education), Bihar, Patna. 2.

The District Education Officer, Lakhisarai.

3.

The District Programme Officer (Establishment), Lakhisarai. 4.

The Block Education Officer, Surygarha, Lakhisarai. 5.

The In-Charge Headmaster, Upgraded Middle School, Konipaar, Suryagarha, Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tewari, Advocate For the Respondent/s :

Mr.Madhaw Pd. Yadaw (GP-23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-02-2021 The present writ application has been filed for quashing of the memo No. 3853 dated 31.12.2018 issued under the signature of District Education Officer, Lakhisarai, whereby all the transfer orders after 30.08.2018 including the transfer order of the petitioner were cancelled.

Learned counsel appearing on behalf of the petitioners would submits that petitioner No. 2/Usha Kumari has already superannuated and as such, the writ

Patna High Court CWJC No.4252 of 2019(10) dt.25-02-2021 2/3 application with regard to petitioner No. 2/Usha Kumari has become infructuous.

In view of the above, the writ application with regard to the petitioner No. 2/Usha Kumari is dismissed as having become infructuous.

So far as petitioner No. 1/Nutan Kumari is concerned, the order of cancellation of transfer is dated 31.12.2018 and from the date of order of cancellation of transfer, two years have elapsed.

In the aforesaid circumstance, this Court does not feel persuaded to issue any positive direction in the present case.

However, the petitioner No. 1 is at liberty to approach the appropriate authority for redressal of her grievances by filing a representation along with a copy of this order and on filing of such representation, the authority concerned shall pass reasoned and speaking order within a period of four months from the filing of such representation before it.

Patna High Court CWJC No.4252 of 2019(10) dt.25-02-2021 3/3 With the aforesaid observation/direction, the writ petition stands disposed off.

(Anil Kumar Upadhyay, J) Shageer/S.Pandey U