Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8959 of 2025 ====================================================== Uttam Kumar Son of Anand Kumar Singh, Resident of Village- Beur P.O. Beur, P.S. Beur District Patna at present working as Exclusive Teacher at Middle School Tatwatoli Ward No.7 Doctor Toli, Mokama, District Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The District Education Officer-cum-Member Secretary, Patna. 5.

The District Programme Officer (Establishment), Patna. 6.

The District Establishment Committee, through the District Magistrate, Chairman of the Committee.

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

For the Petitioner/s :

Mr. Krishna Kumar Singh, Adv For the Respondent/s :

Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 31-03-2026 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 direction to the respondent authorities to consider the Transfer

2/4 application submitted by the petitioner on 07.12.24 seeking transfer on special ground in the light of guide lines dates 22.11.2024 as the petitioner is experiencing 50% Locomoter type of handicapness due to post polio residual paralysis right lower limb with moderate muscular wasting with 2"

inch (2") shortening.

(ii) For direction to the respondent authorities to transfer the petitioner on any of the four opted place given in the transfer application form as the respondent authorities have transferred similar situated teachers in the light of guidelines but in the case of the petitioner he has not been transferred up till now and as such the action of the respondents is quitter illegal, arbitrary and malafide.

(iii) For grant such were relief(s) for which the petitioner is found to be entitled in the facts and circumstances of the case."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner has already filed online representation as well as a physical copy of the representation dated 02.12.2025 before the District Education Officer, Patna, which continues to be

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

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

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the the District Education Officer, Patna to dispose of the pending representation of the petitioner dated 02.12.2025 within three months from the date of production of a copy of this order by the petitioner, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the the District Education Officer, Patna should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief which he has claimed through the representation dated 02.12.2025, the same should be extended to the petitioner within a further period of one month from the date of passing of the final order.

7. With the aforesaid observation/direction, this writ

4/4 application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U