Naveen Kr. Athghara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18704 of 2019 ====================================================== 1.

Naveen Kr. Athghara Son of Shri Vijay Kumar, Resident of MohallaGurudwara Road, Near-Suresh Prasad, Advocate Gosain Bagh, DistrictGaya, at present residing at New Area, Station Road, P.S.-Kotwali, DistrictGaya, at present posted and working as a Headmaster in Govt. Middle School Nadra, Anchal-Khizarsarai, District-Gaya 2.

Ashok Kumar, Son of Late Vimal, Resident of Mohalla-Tulsi Colony, Bhaluahi, Kharkhura, P.S.-Delha, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Manjhiawan, AnchalKonch, District-Gaya 3.

Mamta Pal, Wife of Shri Prashant Kumar, Resident of Mohalla-West Church Road, Near Sai Temple in front of Dr. S.P. Verma, P.S.-Rampur, DistrictGaya, at present posted and working as a Headmaster in Govt. Urdu Girls Middle School Karimganj, Anchal-Chandauti, District-Gaya. 4.

Anirudh Prasad, Son of Late Ram Naresh Prasad, R/o Village-Murgaon, P.S.-Chakand, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Hemara, Anchal-Khizersarai, District-Gaya. 5.

Navin Kumar Sinha, Son of Shri Jagat Shankar Prasad, Resident of VillageHanuman Nagar, Maranpur, P.S.-Vishnupad, District-Gaya, at present posted and working as a Headmaster in Middle School Khajuri, Anchal-Fatehpur, District-Gaya.

6.

Saroj Bharti Son of Dharmnath Bharti, R/o Village-Binova Nagar, Police Station-Anugrah Narayan Medical College, District-Gaya, at present posted and working as a Headmaster in Middle School Kathwara, Anchal-Gurua, District-Gaya.

7.

Vivek Kumar Sinha, Son of Shri Sarvdaman Kumar Sinha, R/o MohallaTitaiganj, Manpur, P.S.-Muffasil, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Jamuawa, AnchalKhizersarai, District-Gaya. 8.

Arvind Kumar, Son of Shri Nitya Nand Prasad, R/o Village-Ghughari Tand east of Agni Maa Mandir, P.S.-Vishnupad, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Jamuawa, AnchalWazirganj, District-Gaya. 9.

Snehlata Kumari, Wife of Dr. Ravindra Kumar, R/o Village-Gopi Bigha, Police Station-Magadh Medical College, District-Gaya, at present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Turikala, Anchal-Bodh Gaya, District-Gaya.

10.

Rakesh Kumar Sinha, Son of Late Awadh Kishore Prasad Sinha, R/o Village and Post-Belhari, Belaganj, Police Station-Belaganj, District-Gaya, at present posted and working as a Trained Graduate Teacher (Arts) in Govt. Upgraded Middle School Pakari, Anchal-Fatehpur, District-Gaya. 11.

Surendra Kumar, Son of Late Rameshwar Prasad, R/o Mohalla-Pahsilane, Sonugali, Near Rama Press, New Godown, Police Station-Kotwali, DistrictGaya, at present posted and working as a Headmaster in Govt. Middle School Lakhaua, Anchal-Wazirganj, District-Gaya.

2/4 12.

Arvind Kumar, Son of Shri Indradeo Ram, R/o Mohalla-Mustafabad, Near Devi Asthan, Police Station-Rampur, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Rauda Math, AnchalGuraru, District-Gaya. 13.

Sufiyan Ghani @ Saiyed Sufiyan Ghani, Son of Late Saiyed Rizwan Ghani Islahi, R/o Mohalla-Sibali Colony, Near Karimganj, P.S.-Civil Lines, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Madho Bigha, Anchal-Nimchak Bathani, District-Gaya. 14.

Rajesh Kumar, Son of Late Sobhi Prasad, R/o Village-Bilarpur, Police Station-Sirdala, District-Nawada, at present posted and working as a Headmaster in Govt. Middle School Kodeya, Anchal-Fatehpur, DistrictGaya. 15.

Ramanand Prasad Son of Narayan Prasad, R/o Village-Kharkhura Bhaluahi, Police Station-Delha, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Salaiya, Kala, Anchal-Fatehpur, District-Gaya.

16.

Vijay Kumar Singh, Son of Kameshwar Singh, R/o Village-Nasariganj, Police Station-Nasariganj, District-Rohtas, at present posted and working as a Headmaster in Govt. Middle School Navdiha, Anchal-Gurua, DistrictGaya. 17.

Sanjay Kumar Gupta, Son of Late Gaya Prasad, R/o Mohalla-Kumar Colony, Maharani Road, Police Station-Kotwali, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Shadipur, Anchal-Manpur, District-Gaya.

18.

Badrinath Prajapati, Son of Late Ram Bharosa Prajapati, R/o VillageBisunganj, Police Station-Magadh Medical, District-Gaya, at present posted and working as a Headmaster in Govt. Middle School Saraitand, AnchalGurua, District-Gaya. 19.

Pawan Kumar Alok, Son of Late Jagat Prasad Singh, R/o Village-Dariyapur, Police Station-Atari, District-Gaya, at present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Karamchak, Anchal-Mohra, 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.

7.

The District Programme Officer (Establishment)-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 8.

The District Programme Officer (Establishment), Gaya

3/4 9.

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

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

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

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

The Block Education Officer, Gurua, District-Gaya. 14.

The Block Education Officer, Wazirganj, District-Gaya. 15.

The Block Education Officer, Bodh Gaya, District-Gaya. 16.

The Block Education Officer, Guraru, District-Gaya. 17.

The Block Education Officer, Manpur, District-Gaya. 18.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Smt. Binita Singh (Sc28) ====================================================== 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

4/4 preferably within a period of 60 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