Patna High CourtCWJC/2859/2015disposed

Gopal Shankar Singh v. The State Of Bihar And ORS

2015-02-19Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2859 of 2015 ======================================================

1. Gopal Shankar Singh Son of Laxmi Narayan Singh Resident of village - Rampur, P.S. Madhusudanpur, District - Bhagalpur, presently posted as Headmaster, Middle School, Noorpur, Nath Nagar, Bhagalpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, H.R.D., Department of Education, Bihar, Patna

2. The Deputy Development Commissioner ( D.D.C. ), Bhagalpur, District Bhagalpur

3. The District Education Officer ( D.E.O. ) Bhagalpur, District Bhagalpur

4. The Regional Deputy Director of Education ( R.D.D.E. ), Bhagalpur Division, District Bhagalpur

5. The District Programme Officer ( Establishment ), Education Department, Bhagalpur, District Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajoy Kumar Chakraborty For the Respondent/s : Mr. Ram Balak Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 19-02-2015 It is the case of the petitioner that it was under special circumstance which led to Establishment taking a decision for his transfer from the place of his posting as a Headmaster, which was Middle School, Noorpur, Nathnagar.

By virtue of Annexure-11 the Principal Secretary, Education Department, Government of Bihar, annulled all those transfers on the ground that such decision has been taken after the month of June and therefore it violates the guidelines for such transfer.

Patna High Court CWJC No.2859 of 2015 (2) dt.19-02-2015 2 / 2 Since the transfer of the petitioner, according to him, is under special circumstance, let the petitioner file an application before the Principal Secretary, Education Department, Government of Bihar with certain materials, who will reconsider the matter afresh within a period of six weeks of filing of such an application with a copy of this order.

Till a decision is taken by the Principal Secretary, let the petitioner remain where he is posted today, if he has not been relieved already from the place of posting.

With the above direction, the writ application stands disposed of.

(Ajay Kumar Tripathi, J) B.Roy/- U