Rajiv Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13018 of 2023 ====================================================== Rajiv Kumar Sharma Son of Baidyanath Prasad Thakur Resident of Shiv Shanakr Path, Mithunpur, P.S.-Mithunpur, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The Distirct Magistrate, Muzaffarpur.

4.

The Regional Deputy Director Education, Tirhut Division, Muzaffarpur. 5.

The District Education Officer, Muzaffarpur.

6.

The District Programme Officer, Muzaffarpur.

7.

The Block Education Officer, Muzaffarpur.

8.

Anna Shanti Kuzur Wife of Not Known Resident of Mohalla-Ramna, in front of Devi Mandir, Post-Ramna, P.S.-Mithanpura, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Respondent/s :

Mr.Madhaw Prasad Yadaw ( Gp 23 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-12-2024 Heard the parties.

2. This writ petition has been filed for the following relief(s) :

"i) To issue a writ in the nature of certiorari for quashing the Gyapank No.2982 dated 27.06.2023 issued by the District Programme Officer, Muzaffarpur in light of Patrank No.2404 dated 18.05.2023 issued by General Administrative Department, Government of Bihar by which

Patna High Court CWJC No.13018 of 2023(2) dt.11-12-2024 2/3 transfer was issued by the department.

(ii) To issue a writ in the nature of mandamus to cancel the transfer of respondent No.8 and on that place petitioner may be transfer because the same place is the optional place of the petitioner.

(iii) To issue a writ in the nature of mandamus to transfer the petitioner on his optional place i.e. Ideal Middle School, Kalyani (Township), but in arbitrary manner respondent No.8 was transfer in that place which is violation of norms and condition of the notification.

(iv) To direct the respondent to act in terms of letter dated 27.06.2023."

3. Learned counsel for the petitioner submits that in this connection he has filed an appeal on 12.07.2023 before the Respondent No. 2 but till date no action has been taken.

4. In view of the prayer made by the petitioner, this writ petition is disposed of with liberty to the petitioner to file a fresh representation before Respondent No. 2 within four weeks from today with supportive documents.

5. If such, representation is filed by the petitioner

Patna High Court CWJC No.13018 of 2023(2) dt.11-12-2024 3/3 within the stipulated time period, the Respondent No. 2 shall dispose of the same, after hearing the parties in accordance with law. Upon examination of the claim of petitioner, admissible amount, if any, shall be paid to the petitioner within a period of six months from the date of order.

6. Writ application stands disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J) Prakash/- U