Himanshu Shekhar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15633 of 2016 ====================================================== Himanshu Shekhar S/o Late Rajendra Mishra, resident of village- Jigana, Police Station- Sikraual, District- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Home Secretary Bihar, Patna.

3.

The Principal Secretary, Human Resources Department, Bihar, Patna. 4.

Director, Primary Education of State of Bihar, Patna. 5.

Regional Deputy Director of Primary Education of Patna Division, Bihar, Patna.

6.

The State of Jharkhand through Chief Secretary, Jharkhand State, Ranchi. 7.

The Home Secretary of Jharkhand, Ranchi.

8.

The Secretary of Human Resources Department Jharkhand, Ranchi. 9.

Director, Primary Education of Jharkhand, Ranchi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rang Nath Choubey For the Respondent/s :

Mr.Md. Nadeem Seraj- GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-06-2020 The petitioner has filed the present writ application seeking following relief(s):- "1. That this is an application for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus to respondents for issuing transfer order from Jharkhand State to Bihar State on the basis of compromised/settled the case/matter in CWJC No. 10426 of 2011 and "Award" has been passed in terms of the settlement in

2/4 "Lok Adalat" as following:- "As agreed between the parties in vies of the admitted recommendation by the State of Jharkhand Department of Human Resources Development (Primary Education Director) contained in Letter No. 8/Estt-1-24/2013/346 dated 24.2.2014 and also in view of the notice published in daily newspaper regarding last opportunity having been granted for making representation for choice of the State service, the State of Bihar would dispose of the representation of the petitioner for the said purpose within a period of two months."

The order-sheets of the case read as under:- "2. 07.09.2017. No one appears on behalf of the petitioner.

Learned counsel for the State of Jharkhand and learned counsel for the State of Bihar are present.

Learned counsel appearing for the state of Bihar seeks four weeks time to file counter affidavit.

3. 27.06.2019. Heard

3/4 learned counsel for the petitioner and the counsel appearing on behalf of the State.

The present writ petition involved the issue of allocation of service on bifurcation of State of Bihar and Jharkhand.

The bifurcation took place on 15.11.2000. The petitioner has filed the present writ application for transfer from Jharkhand to State of Bihar on the basis of order passed in CWJC No. 10426/2011. There is no interim order and it appears that the petitioner has lost his interest in the present case.

If no one appears on behalf of the petitioner on 28.07.2018, the present writ application will be disposed of on its merit.

4. 30.07.2019. Put up this case before any other Bench after orders of Hon'ble the Chief Justice."

In view of what have been noted and observed by this Court in previous proceedings of this case, no purpose would be served by keeping the matter pending any further.

4/4 This application stands disposed of with the observation that the petitioner shall be at liberty to approach appropriate forum by way of representation, if his grievances are still continuing.

(Chakradhari Sharan Singh, J) arun/- U