Patna High CourtL.P.A/2102/2015dismissed

Smt. Sunita Sinha v. The State Of Bihar And ORS

2016-03-30Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2102 of 2015 Arising out of Civil Writ Jurisdiction Case No. 13095 of 2015 =========================================================== Smt. Sunita Sinha, wife of Sri Jugesh, resident of village- Professor Colony, Udantpuri, Biharsharif, P.S.- Biharsharif, District- Nalanda at present Assistant Teacher, Residential Model School, Bhaishasur under Anchal Biharsharif, DistrictNalanda .... .... Petitioner - Appellant

Versus

1. The State of Bihar

2. The Director, Primary Education, Government of Bihar, Patna

3. The Regional Deputy Director of Education, Patna Division, Patna

4. The District Education Officer, Nalanda

5. The District Programme Officer (Establishment), Nalanda

6. The Block Education Officer, Biharsharif at Nalanda .... .... Respondents - Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Ashutosh Ranjan Pandey with Mr. Subhash Pandey, Advocates.

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 30-03-2016 The present Letters Patent Appeal is directed against the order passed by the learned Single Judge of this Court on 18.09.2015 whereby the order of transfer of the appellant dated 08.08.2015 was not interfered with. The appellant was initially transferred on 05.08.2015 which order was subsequently corrected on 08.08.2015. The learned Single Judge has found that the school where the appellant was posted and the school where she has been transferred are within a radius of only 500 meters. It has also been found that the appellant has not completed five years in the school in question. Therefore, such mistake has been corrected by the order dated 08.08.2015.

Patna High Court LPA No.2102 of 2015 dt.30-03-2016 2/2 The policy guidelines, on which the appellant relies, are not enforceable in law. They are for the internal workings of the department. We do not find any error in the order of transfer of the appellant to a school which is within 500 meters of the earlier school only. The Letters Patent Appeal is accordingly dismissed. (Hemant Gupta, J) (Ahsanuddin Amanullah, J) Dilip/Anjani.