Manoj Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18859 of 2019 ====================================================== 1.

Manoj Kumar Sinha Son of Sri Sidheshwar Prasad Srivastav Resident of Village- Dumra, Police Station- Haspura, District- Gaya. Presently residing at Mohalla- Shastri Nagar (East), Road No. 3, Jail Road, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Dhandhopur, Block- Sherghati, District- Gaya. 2.

Jitendra Kumar Son of Sri Arjun Mishra Resident of Village- Pura, Police Station- Tekari, District- Gaya. Presently residing at Mohalla- Shastri Nagar (West), Road No. 4, Police Station- Rampur, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Mankoshi, Block- Bodhgaya, District- Gaya.

3.

Virendra Kumar Son of Late Sukdeo Choudhary Resident of VillageTilaiya, Police Station- Bankey Bazar, District- Gaya. Presently residing at Mohalla- Shastri Nagar (West) Road No.13, Police Station Rampur, DistrictGaya. At present posted and working as a Headmaster in Govt. Middle School Pawra, Block- Gurua, District- Gaya.

4.

Rakesh Kumar Sinha Son of Late Ganesh Prasad Resident of 9 Rang Bahadur Road, Telbigha, Police Station- Kotwali, District- Gaya, at present residing at Kamla Bhavan, Mohalla- Ram Nagar, Shastri Nagar, Police Station- Rampur, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Sakardas Nawada, Block- Wazirganj, District- Gaya.

5.

Vinit Kumar Son of Sri Krishna Gopal Resident of Mohalla- Lala Babu Road, P.S.- Kotwali, District- Gaya. Presently residing at Mohalla- A.P. Colony, Road No. 1/E, South of Quarter No. 181/A, Police Station- Rampur, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Kusha, Block- Sherghati, District- Gaya. 6.

Shankar Prasad Son of Late Janki Saw Resident of Village- Tilaiya, P.S. Bankey Bazar, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Belwatand, Block- Bankeybazar, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Additional Chief Secretary-cum- the Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

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

The Regional Deputy Director of Education, Magadh Division, Gaya. 5.

The District Education Officer-cum- the Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 6.

The District Education Officer, Gaya.

Patna High Court CWJC No.18859 of 2019(2) dt.13-09-2019 2/3 7.

The District Programme Officer (Establishment)-cum- the Member Secretary, District Elementary Teachers Promotion and Transfer Committee, Gaya.

8.

The District Programme Officer (Establishment), Gaya. 9.

The Block Education Officer, Sherghati, District- Gaya. 10.

The Block Education Officer, Bodh Gaya, District- Gaya. 11.

The Block Education Officer, Gurua, District- Gaya. 12.

The Block Education Officer, Wazirganj, District- Gaya. 13.

The Block Education Officer, Bankey Bazar, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Ashutosh Ranjan Pandey ( Aag15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The present application has been filed for a direction to the respondents to transfer the petitioners as per Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and promotion), Rules 2018. Without entering into the merit, the present writ application stands disposed of with a direction to the District Programme Officer (Establishment), Gaya to consider the case of the petitioners for transfer in terms of Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and promotion), Rules 2018 at the earliest preferably within a period of 60 days from the date of

Patna High Court CWJC No.18859 of 2019(2) dt.13-09-2019 3/3 receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U