Md. Kamil Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2107 of 2021 ============================================== 1.

Md. Kamil Akhtar Son of Md. Nezamuddin Resident of H.N. 146, Aliganj Road No. 4, Near- Masjid, Police Station- Chandauti, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Malikpur, Block- Wazirganj, District- Gaya. 2.

Shabana Perween Daughter of Late Md. Sherrajuddin, wife of Aftab Alam, Resident of Mohalla- Aliganj Road No. 19, Katari Hill, Police Station- Chandauti, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School Pipara, Block- Wazirganj, District- Gaya.

3.

Farzana Kousar Wife of Quaiser Moin Khan Resident of VillageKumardih, Tehta Police Station- Makhdumpur, District- Jehanabad. At present posted and working as an Assistant Teacher in Govt. Middle School Lai, Block- Mohanpur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-cum- the Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Bihar, Patna. 4.

The Regional Deputy Director of Education, Magadh Division, Gaya. 5.

The District Education Officer-cum- the Chairman, District Elementary Teachers Promotion and Tansfer Committee, Gaya. 6.

The District Education Officer, Gaya.

7.

The District Programme Officer (Establishment)-cum- the Chairman, District Elementary Teachers Promotion and Tansfer Committee, Gaya. 8.

The District Programme Officer (Establishment), Gaya. 9.

The Block Education Officer, Wazirganj, District- Gaya.

10. The Block Education Officer, Mohanpur, District- Gaya. ... ... Respondent/s ============================================== Appearance :

Patna High Court CWJC No.2107 of 2021(6) dt.03-12-2021 2/3 For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr. Madanjeet Kumar ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-12-2021 Heard Mr. Umesh Kumar Mishra, the learned counsel for the petitioners and Mr. Madanjeet Kumar, the learned counsel for the State.

Mr. Mishra, the learned counsel for the petitioners has submitted that during the pendency of this writ petition, the grievance of the petitioner nos. 2 and 3 had been redressed. Mr. Mishra, therefore, does not press this petition on behalf of the respondent nos. 2 and 3. The petition with respect to the petitioner nos. 2 and 3 is dismissed as not pressed.

With respect to the petitioner no. 1, this Court directs that in the event of the petitioner no. 1 making a representation before the District Programme Officer (Establishment), Gaya for considering his transfer in terms of Rule 3 read with Rule 5 (Kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018 within a period of two weeks, the concerned respondent shall look into the matter and pass a

Patna High Court CWJC No.2107 of 2021(6) dt.03-12-2021 3/3 reasoned order apprising the petitioner no. 1 of the decision on such representation, within a further period of 30 days. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U