Asha Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13298 of 2025 ====================================================== Asha Pandey, W/o Sri Arun Kumar Dwivedi, R/o At- Anutham Awas, House No.-694, Road No.- 16, Ram Jaipal Path, Arpana Bank Colony, P.S.- Rupaspur, District- Patna, at present working as Exclusive Teacher for ClassIX and X at Government Upgraded High School Nasratpur, Block- Sandesh, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Secondary Education, Education Department, Government of Bihar, Patna.

3.

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

4.

The District Education Officer, Patna, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr. Rakesh Ranjan, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that in view of office order as contained in Memo No. 2035, dated 21.11.2024, the Department of Education had issued a letter requiring the teachers, who were interested in getting themselves transferred from the present place of posting in the special circumstances, which is referred in the Memo No. 28,

Patna High Court CWJC No.13298 of 2025(2) dt.25-08-2025 2/3 dated 01.01.2025, where four stages have been classified by mentioning the special grounds under which the application of the teachers were to be considered and the teachers were supposed to have shown their interest in getting themselves transferred from their present place of posting by mentioning their special grounds.

3. It is the case of the petitioner that despite representation having been submitted within the stipulated time dated 21.06.2025, which is appended as Annexure-P/11, the respondents have not considered, ignoring their commitment shown through the aforementioned letters.

4. In this regard, it is expected that the representation, which the petitioner has already filed, in terms of the invitation made/ option sought with special grounds by the Department of education for considering the grievances, it was obligatory on the part of the authority to have considered the same.

5. Since, it is admitted that such application till date has not been considered, therefore, the authorities are directed to consider the same within a period of four weeks, strictly in terms of the policy framed by the Department of Education and upon such consideration the appropriate posting shall also be notified and the same may be communicated to the petitioner,

Patna High Court CWJC No.13298 of 2025(2) dt.25-08-2025 3/3 for ensuring joining of the petitioner within a week thereafter.

6. Accordingly, the instant writ petition is disposed of. (Ajit Kumar, J) pravinkumar/- U