Shrawan Kumar Arya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2742 of 2021 ====================================================== Shrawan Kumar Arya S/o Ramdeo Mochi, Resident of Village, P.O. and P.S. - Chakand, District - Gaya and presently posted at Pradhanadhyapak in Middle School, Baraini, Belaganj, District - Gaya.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Director, Primary Education, Govt. of 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 Transfer Committee, Gaya. 6.

The District Education Officer, Gaya.

7.

The District Programmd Officer (Establishment)-cum-The Member Secretary, District Elementary Teachers Promotion and Transfer Committee, Gaya.

8.

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

The Block Education Officer, Belaganj, Gaya.

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

For the Petitioner/s :

Mr.Rama Kant Singh, Adv.

For the Respondent/s :

Mr.Jitendra Kumar Roy, SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2021 The present writ petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking a direction upon the respondent authorities to transfer the petitioner on the post of Pradhanadhyapak as per Rule-3 read

Patna High Court CWJC No.2742 of 2021(2) dt.19-05-2021 2/2 with Rule 5 (Kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion), Rules, 2018. At the outset, the learned counsel for the petitioner submits that the petitioner be granted liberty to approach the District Education Officer, Gaya for redressal of his aforesaid grievances.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate representation before the District Education Officer, Gaya, within a period of eight weeks from today, whereupon the District Education Officer, Gaya, shall consider the case of the petitioner for transfer in terms of Rule-3 read with Rule 5 (Kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion), Rules, 2018 and pass appropriate orders in accordance with law within a period of twelve weeks thereafter. (Mohit Kumar Shah, J) Tiwary/- U