Shalina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14808 of 2025 ====================================================== Shalina Kumari W/o Raj Nandan Sharma, R/o- Flat No. 106, First Floor, Prachi Orchid, Anand Vihar Colony, Opposite S.B.I. Bank, Ashiana- Digha Road, Ashiana Nagar, P.O.- Ashiananagar, P.S.- Shastrinagar, Town and District- Patna- 800025.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, New Secretariat, Patna. 2.
The Director, Primary Education Department, Govt. of Bihar, New Secretariat, Patna.
3.
The District Education Officer, Patna.
4.
The District Program Officer (Establishment) Education Department, Patna. 5.
The Block Development Officer-cum-the Executive Officer- cum-the Member Secretary, Block Teachers Employment Unit, Bikram, DistrictPatna. 6.
The Head Master, Rajkiy Buniyadi Vidyalay (Govt. Basic School), Raghopur, Bikram, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purushottam Kumar Jha, Adv.
Mr. Avanindra Kumar Jha, Adv.
Mr. Ram Naresh Jha, Adv.
Mr. Bishwash Vijeta, Adv.
Mr. Prabhat Kumar Singh, Adv.
For the Respondent/s :
Mr. Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-09-2025 Heard the parties.
2. The petitioner has invoked the extraordinary writ jurisdiction of this Court for the following reliefs:- "i. Issuance of an order/direction or a writ in the nature of mandamus commanding respondents concerned to take final decision in connection with the representation filed by the petitioner before the District Education Officer,
2/4 Patna on 16.06.2025 (through online mode)- {Annexure-P/6/}/24.06.2025-{Annexure P/7}, for her transfer to the nearest school, where the husband of the petitioner (who has been suffering from Heart disease, has been posted in Urban Area of Patna Town.
ii. To hold and declare that the action of the Respondent No. 3 in not taking final decision in connection with the said representation of the petitioner dated 16.06.2025/24.06.2025 is in the teeth of the provisions as contained in State Govt. Notification No. 709 dated 21.08.2020 (Annexure - P/3), State Govt. Notification No. 875 dated 07.06.2021 (Annexure P/4) & Press Release dated 06.10.2024 relating to the Transfer Policy of Teachers (Annexure - P/5).
iii. For grant of any other relief(s) to which the Petitioner may be found entitled to in the facts and circumstances of this case.
3. It is the contention of the learned Advocate for the petitioner that on account of serious ailment of the petitioner's husband, she filed repeated representations and the grievance before the concerned authority for her transfer to the place where her husband is working in the light of the Government Notification No.875 dated 07.06.2021, especially clause (झ), which reads as follows:- "(v) यददि ककोई दशिक्षक/पुस्तककालयकाध्यक्ष स्वयं अथवका उसककी पत्नकी/पदत
3/4 अथवका उनकके आदश्रित असकाध्य रकोग / गयंभकीर बकीमकारकी (स्थकास्थ्य दवभकाग कके दकारका समय-समय पर दनगर्गत पदरपत्र / आदिकेशि/दनदिकेशि कके अनपुसकार) सके ग्रदसत हको अथवका दकसकी दशिक्षक / पुस्तककालयकाध्यक्ष कका पुत्र/पुत्रकी अथवका पत्नकी/पदत मयंदि बपुदद्धि अथवका मकानदसक रकोग सके ग्रदसत हको तको उन्ह स्थकानकान्तरण मह पकाथदमकतका दिकी जकायकेगकी। इसकके दलए असैदनक शिल्य दचिदकत्सक-सह-मपुख्य दचिदकत्सका पदिकादधिककारकी अथवका उनकके दकारका पकादधिककत दचिदकत्सक कके स्तर पर दनगर्गत स्वकास्थ्य सयंबयंदधित पमकाण पत्र वकेब पकोर्गल पर अपलकोड करनका अदनवकायर्ग हकोगका l"
4. The medical certificates issued by the Civil Surgeon-cum-Chief Medical Officer, Patna, diagnosed that the husband of the petitioner suffers from acute coronary syndrome with PTCA. The letter issued by the Government of Bihar in the Department of Personnel dated 05.10.1967 has also been placed on record to support the contention that in case there is no difficulty, both the husband and wife should be placed at one place.
5. On the other hand, learned Advocate for the State submitted that since the request of the petitioner for transfer to the place where her husband is working is pending consideration, the same shall be considered by the appropriate authority in accordance with law.
6. Having considered the materials available on record and taking note of the fact that the request of the petitioner for transfer is pending consideration, this Court deems it fit and proper to dispose off the writ petition with a direction to the
4/4 District Education Officer, Patna to consider the request of the petitioner in the light of the afore-noted, notification/letter discussed hereinabove and take a decision by passing a speaking order within four weeks from the date of receipt/production of a copy of this order.
7. The writ petition stands disposed off.
(Harish Kumar, J) rohit/- U