Upendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19251 of 2019 ====================================================== Upendra Prasad Son of Bisham Prasad Resident of Mohalla- Mathurapur Colony, P.O.- Dalmianagar, P.S.- Dehri-on- Sone, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Education Department, Government of Bihar.

2.

The Director Primary Education Government of Bihar. 3.

The Regional Deputy Director of Education Patna. 4.

The District Education Officer Bhabhua (Kaimur). 5.

The District Magistrate Bhabhua 6.

The Block Education Officer Kudra Block, District- Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.B.B. Prasad(Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non consideration of his case for transfer in terms of service condition rules. The respondents have formulated scheme of transfer on request, they are required to consider the case of the teachers for transfer and posting on request within the parameters of the scheme formulated by the respondents themselves.

The petitioner claims that he is physically challenged and there is specific scheme under the service rule for choice

Patna High Court CWJC No.19251 of 2019(2) dt.18-09-2019 2/2 posting on transfer considering the convenience of the physically challenged people.

Considering the aforesaid, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Rohtas to verify the claim of the petitioner and if it is found that petitioner is physically challenged and rule provides for convenient posting of physically challenge, then the District Programme Officer (Establishment), Rohtas shall consider the case of the petitioner for transfer and posting considering his convenience.

Necessary decision in this regard may be taken by the respondents at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U