Om Prakash @ Dr. Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5742 of 2019 ====================================================== Om Prakash @ Dr. Om Prakash Son of Late Lalit Paswan Resident of- Lalit Kunj, Near NMCH, Daud Bigha, Sampatchak, P.S.-Agamkuan, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Bihar, Patna. 3.

The Secretary, Education Department Bihar, Patna. 4.

The Director Administration-cum- Additional Secretary, Education Department, Bihar, Patna.

5.

The Regional Deputy Director, Education Department, Bhojpur, Ara. 6.

The District Education Officer, Vaishali, Hajipur. 7.

Samar Bahadur Singh S/o Not known Presently posted as District Education Officer, Vaishali at Hajipur.

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

For the Petitioner/s :

Mr.Anuj Kumar For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 The present writ petition has been filed for quashing that part of the order dated 20.02.2019 passed by the Director Administration cum Additional Secretary, Education Department, Bihar, Patna whereby and whereunder the petitioner has been transferred on the post of District Programme Officer, Hajipur, however, he has been made to serve under an officer, who is junior to the petitioner and who has been posted as District Education Officer, Vaishali, Hajipur. The learned counsel for the petitioner submits that it is a

Patna High Court CWJC No.5742 of 2019(2) dt.27-03-2019 2/2 well settled principle of service jurisprudence that an employee cannot be made to work under his junior and he has to be granted dignity in his employment, hence, it is required that the aforesaid order dated 20.02.2019 be quashed to the said extent. Having regard to the submissions made by the learned counsel for the petitioner, this Court deems it fit and proper to grant liberty to the petitioner to approach the Principal Secretary, Education Department, Government of Bihar, Patna by filing an appropriate representation within a period of one week from today, whereupon the Principle Secretary, Education Department, Government of Bihar, Patna shall pass an appropriate order upon the same within a period of two weeks thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U