← Library
Patna High CourtCWJC/6287/2026disposed

Pushkar Kumar Arun v. The State Of Bihar

2026-04-28Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6287 of 2026 ====================================================== Pushkar Kumar Arun son of Late Vishnu Prasad, Resident of Village-Navin Nagar, Police Station- Town (Nawada Nagar), District- Nawada, presently posted as Head Master at Utkramik Madhya Vidhyalay, Chitarkoli, Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of Education Department, Government of Bihar, Patna.

2.

The District Magistrate, Nawada, District- Nawada. 3.

The District Education Officer of Nawada, District-Nawada. 4.

The District Program Officer (Establishment), Nawada, District- Nawada. 5.

The Block Education Officer, Nawada Sadar, District- Nawada. 6.

The Block Education Officer, Rajauli, District-Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ejaz Akhter For the Respondent/s :

Mr.Government Pleader (2) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 28-04-2026 Heard the parties.

2. This writ petition has been filed for grant of following relief :- (A) For direction to the Respondent No. 3, The District Education Officer of Nawada, District-Nawada, dispose the applications of the petitioner for transfer of petitioner from Utkramik Madhya Vidhyalay, Chitarkoli, Nawada to Abhyas Madhya Vidhyalay, Nawada Nagar, whereby the mother of the petitioner is very old aged about 86 years and she is continuing consult with the doctor by the petitioner who is only son of her mother. (B) Further direction to the Respondent Authorities to transfer the petitioner from Utkramik Madhya Vidhyalay, Chitarkoli to Abhyas Madhya Vidhyalay, Nawada Nagar so that

2/4 he can get his mother treated.

(C) Any other suitable reliefs as your lordship may deem fit and proper.

3. Counsel for the petitioner submits that the petitioner was initially appointed on the post of Primary Teacher at Middle School, Hathmarwa, Sirdala, Nawada vide Mmo No.1750 dated 12.08.1994. On being promoted from the post of Graduate Teacher to the post of Head Master, the petitioner was posted at Utkramik Madhya Vidhyalay, Chitarkoli, Nawada vide Memo No.263 dated 19.11.2016 by the Block Education Officer, Nawada. Thereafter, the petitioner has been regularly performing his duty as Head Master in the said school. It is the case of the petitioner that the petitioner is facing difficulty in getting his mother treated and as also with attending the school from his home, which is 42 kilometres away, leaving his ailing mother at home and accordingly filed an application on 14.10.2024 before respondent No.3, i.e.

, District Education Officer, Nawada for his transfer from his present place of posting at Utkramik Madhya Vidhaylay, Chitarkoli to Abhyas Madhya Vidhyalay, Nawada and thereafter he has continuously been filing representation before District Education Officer, Nawada which is appended with the writ petition as Annexure P/6.

3/4

4. Learned counsel for the petitioner further submits by referring to Annexure P/4 (series) that the treatment of his old aged mother who is attained age of 86 is being undertaking by him and there is in difficulty in taking care of his mother, simultaneously, with attending the classes, which is 42 k.m. away from his home for which appropriate representation have been made for consideration in accordance with the policy framed in this regard.

5. On the other hand, counsel for the State submits that the representation which has been filed by this petitioner may be directed to dispose of by the District Education Officer, Nawada taking into account the medical contingencies raised by this petitioner with regard to his mother in accordance with the policy.

6. Considering the fact that there is already representation filed for transfer and there is also policy framed by the State Government for taking care such contingency and if the petitioner has been able to justify his grievance regarding transfer from the said place with the aid of the document which is appended with the writ petition and as also further documents which may be required by the authorities in taking a final decision with regard to the claim of the petitioner, it is expected

4/4 that the necessary decision shall be taken within a period of eight weeks from the date of produciton of a cop of this order passed by this Court.

7. Needless to say that the petitioner may be subjected to produce all such necessary documents which may be found essential by the authorities to take decision in this regard.

8. With the aforesaid observation and direction, this writ petitioner is disposed of.

(Ajit Kumar, J) sanjeev/- U