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Patna High CourtCWJC/5019/2026disposed

Jully Paswan v. The State Of Bihar

2026-04-17Mr. Justice Alok Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5019 of 2026 ====================================================== Jully Paswan D/o Jagjiban Paswan, W/o Sanjay Kumar, Resident of Ambedkar Chouk, Mahesi, PO Tilakpur, PS Sultanganj, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

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

The Regional Deputy Director of Education, Patna. 4.

The District Magistrate, Patna.

5.

The District Education Officer, Patna.

6.

The District Programme Officer (Establishment), Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alexander Ashok For the State :

Mr. K.P. Gupta, GP-10 Mr.Anwar Karim, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) for issuance of an appropriate writ directing the respondent authorities to take final decision on the transfer application of the petitioner, who is a BPSC TRE-2 English Teacher and applied for transfer under Application No.TR24204390 13/12/2024, dated her representation dated 20/06/25 and 21/06/25 as well as the

2/4 Grievance application vide Grievance No.25063014955 dated 30/06/25."

4. Learned counsel for the petitioner submits that the petitioner, in compliance and in accordance with the instruction of the department, had applied for transfer to Patna District on the ground that her husband was working as State Government employee i.e. Section Officer in the Department of Home in Patna Secretariat. The petitioner, accordingly, submitted her application dated 13.12.2024 (Annexure-P/9) on the E-shiksha Kosh Portal. No action on the application was taken for long time and the issue was kept pending with the department and finally the application was considered and under letter no. 01537 dated 19.06.2025 (Annexure-P/10), the petitioner was transferred, but due to some technical software mistake, instead of posting to a nearby location, the petitioner was posted further away at Trimuhan, Ghoswari Block, Patna. The petitioner was earlier posted at Phulelpur Athmalgola, 80 km from residence and place of posting of her husband and now she is posted at a place which is about 115 km away.

5. Being aggrieved with this decision contained in letter no. 01537 dated 19.06.2025 (Annexure-P/10), the petitioner has filed a representation before the District Magistrate, Patna on 11.03.2026 (Annexure-P/13) and as per the

3/4 petitioner, the same continues to be pending. He therefore submits that the petitioner would be satisfied if an appropriate direction could be issued to the District Magistrate, Patna to dispose of the pending representation of the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

6. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.

7. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the District Magistrate, Patna to dispose of the pending representation of the petitioner dated 11.03.2026 (Annexure-P/13) within one month from the date of receipt / production of a copy of this order by the petitioner, after giving an opportunity of hearing to the petitioner.

8. Needless to emphasize that the final order which shall be passed by the District Magistrate, Patna should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief, which the petitioner has claimed through the pending representation, the same shall be extended to the petitioner within a further period of four weeks from the date of passing of the final order by the District Magistrate, Patna.

4/4

9. With the aforesaid observation and direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U