Deo Muni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16462 of 2019 ====================================================== Deo Muni Singh S/o Late Baijnath Singh, Resident of Village and P.O. Derwan, P.S. Kudra, Dist.Kaimur. At present posted and working as a Physical Prakhand Teacher in Govt. Middle School Derwa, AnchalKudra,Dist.Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Addtional Chief Secretary-cum-the Principal Secretary, Education Department, Govt. of Bihar,patna 3.

The Director Primary Education, Govt. of Bihar,Patna 4.

The District Magistrate, Kaimur 5.

The District Education Officer, District Kaimur 6.

The District Programme Officer (Establishment), District Kaimur 7.

The Block Education Officer Kudra, District Kaimur 8.

The Prakhand Pramukh-cum-the Chairman of Prakhand Teacher Employment Committee, Anchal-Kudra,Dist.Kaimur 9.

The Block Development Officer-cum-the Member Secretary, Prakhand Teacher Employment Unit, Kudra, District-Kaimur 10.

The Headmaster, Govt. Middle School Derwa, Anchal-Kudra,Dist.Kaimur 11.

The Headmaster, Govt. Middle School Rampur, Anchal Kudra, Dist.Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr. Arvind Kumar (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-08-2019 Petitioner is aggrieved by the office order contained in Annexure-2 dated 24.7.2019 whereby petitioner has been transferred from middle school Derwa, Kaimur to middle school Rampur, Kaimur.

Learned counsel appearing on behalf of the petitioner would submit that rule does not permit transfer on

Patna High Court CWJC No.16462 of 2019(2) dt.16-08-2019 2/2 administrative ground. There are two eventualities in which a person can be transferred. Firstly, on the request of teacher concerned and secondly in order to maintain teachers students ratio. None of the ground for transfer is available to justify the reason for transfer of the petitioner.

Accordingly, the order contained in Annexure-2 is quashed. The writ application stands allowed. (Anil Kumar Upadhyay, J) Ravi/- U