Arun Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13612 of 2019 ====================================================== Arun Prakash S/o Late Sitaram Sharma Resident of Village- Bhori, P.S.- Tekari, District- Gaya.

... ... 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.

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

For the Petitioner/s :

Mr.Chandra Shekhar Singh For the Respondent/s :

Smt.Shilpa Singh (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2019 Having regard to the fact that ordinarily petitioner is aggrieved by the his transfer before completion of two years tenure.

The post of the petitioner is transferable. Transfer is an incident of service, the State Government took policy decision fixing Kalawadhi and as such ordinarily no employee can be transferred before completion of Kalawadhi. Considering the fact that petitioner has continued as Block Education Officer for one and half years whereas Kalawadhi is two years the Court is not inclined to grant any indulgence in the present proceeding. However, liberty shall be available to the petitioner to represent the authority concerned after joining new post in compliance of the direction of the

Patna High Court CWJC No.13612 of 2019(2) dt.08-07-2019 2/2 authority concerned and the authority concerned shall consider the case of the petitioner in accordance with law. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U