Poonam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1243 of 2017 =========================================================== Poonam Kumari, W/o Sri Anil Kumar, Resident of Village- Mahendrapur, Post Office+ Police Station- Hathidah, District- Patna and presently posted as Lecturer, at Primary Teacher Education Training College, Mokama, Patna. .... .... Petitioner

Versus

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

2. The Director, Primary Education, Education Department, Government of Bihar, Patna.

3. The District Education Officer, Patna.

4. The District Program Officer (Establishment), Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Nilesh Kumar, Advocate For the State : Mr. Prabhat Ranjan Singh, A.C. to A.A.G. 15 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 13-02-2017 Heard parties.

Petitioner was appointed as Lecturer in Training College, Sonepur, District, Saran. She has represented before the authority concerned through proper channel and, thereafter, she was transferred from Sonepur to Primary Teacher Education Training College, Mokama vide Annexure 4 along with several other persons. That transfer order was challenged by many persons and after certain faults were found by this Court, a decision was taken vide Annexure 7 by a co-Ordinate Bench of this Court in C.W.J.C. No.11011 of 2016 along with other analogous matters. The notification was quashed so far as the petitioners of those cases were concerned. However, thereafter, it was observed that since

Patna High Court CWJC No.1243 of 2017 dt.13-02-2017 2 / 2 large number of petitioners were before this Court, the original notification may not remain intact as well as coherent, therefore, it will be in the interest of administration that a fresh decision is taken in entirety. Thereafter, Annexure 8 has been passed, as a result of which, the petitioner has been reverted back to her original place of posting at Sonepur.

Learned counsel for the petitioner submits that since her transfer was after consideration of the representation and that was not challenged, she has again represented before the Director, Primary Education, Bihar, Patna, however, no decision has been communicated till date.

In such a situation, this writ application stands disposed of with a direction to the respondent no.2, Director, Primary Education, Education Department, Government of Bihar, Patna to consider the representation of the petitioner as contained in Annexure 9 in the facts and circumstances of the case and take a decision in accordance with law expeditiously. Sanjay-II/- (Dr. Ravi Ranjan, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 14.02.2017 Transmission Date NA