Mukul Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19452 of 2019 ====================================================== 1.

Mukul Sinha Son of Late Sachidanand Sinha, Resident of MohallaGaurakshni, Near - J.J. Colony, Police Station - Muffasil, District- Gaya, At present posted and working as a Headmaster in Govt. Middle School Sahil Pathara, Anchal - Tankuppa, District - Gaya.

2.

Sambhu Sharan Singh, son of Late Kamta Prasad Singh, Resident of Mohalla- Janakpur (Police Colony), P.S.- Muffasil, District - Gaya. At present posted and Working as a Headmaster in Govt. Middle School Gajadharpur, Anchal- Tankuppa, District- Gaya. 3.

Arvind Prasad, Son of Sri Ramesh Chandra Prasad, REsident of VillageBasan Bigha, Police Station - Karpi, District- Jehanabad. At present posted and working as a Headmaster in Govt. Middle School Kathautiya, Anchal - Barachatti, District- Gaya.

4.

jai Prakash, Son of Sri Madan Rai, Resident of Mohalla- Golbagaicha (Laxman Sahay lane), P.s.- Kotwali, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Panchmahalla, Anchal - Khizersarai, District- Gaya.

5.

Om Prakash Gupta, Son of Sri Narayan Prasad, Resident of Mohalla - Kumar Colony, Maharani Road, P.S. Kotwali, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Mahugain, Anchal- Wazirganj, District- Gaya.

6.

Mukesh Kumar, Son of Shri Rameshwar Prasad, Resident of MohallaKumar Colony, Maharani Road, P.S.- Kotwali, District - Gaya. At present posted and working as a Headmaster in Middle School Pathra-1, AnchalImamganj, District- Gaya. 7.

Amrednra Narayan, Son of Sri Chhotan Lal, Resident of Village- Belaganj, Police Station - Belaganj, District- Gaya. At present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Thanapur, AnchalTekari, District- Gaya. 8.

Arvind Kumar Chaudhary, Son of Late Payare Chaudhary, Resident of Village- Bahawalpur, Police Station - Chandauti, District- Gaya. At present posted and working as a headmaster in Middle School Bhaismara, AnchalTekari, District- Gaya. 9.

Randeep Kumar, Son of late Chhotan Ram, Resident of Mohalla - Manpur, Shivcharan Lane, P.S.- Buniyadganj, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Imaliya Chak, Anchal - Atari, District- Gaya.

10.

Srikant Singh, Son of Late Pokhan Yadav, Resident of Village- Sripur, P.s.- Makhdumpur, District- Jehanabad. At present posted and working as a Headmaster in Govt. Middle School Manjhar, Anchal- Belaganj, DistrictGaya. 11.

Lilawati Devi, Daughter of Late Fakira Prasad, Resident of MohallaAmbedkar Nagar, Police Station - Rampur, District- Gaya. At present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Kasthua, Anchal- Paraiya, District- Gaya.

Patna High Court CWJC No.19452 of 2019(2) dt.23-09-2019 2/3 12.

Nirbhay Kumar Singh, Son of Late Ram Nath Singh, Resident of Village - Ghareya, Police Station- Wazirganj, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Samod, Anchal - Imamganj, District- Gaya.

13.

Bharat Rajak, Son of Sri Choba Rajak, Resident of Village- Gere, Police Station - Muffasil, District- Gaya. At present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Bhithra, AnchalAtari, District- Gaya. 14.

Surendra Kumar, Son of Sri Jogeshwar Prasad, Resident of VillageRangpur, Police Station - Atari District- Gaya. At present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Jehali Bigha, Anchal- Atari, District- Gaya.

15.

Md. Shamsuddin, Son of Md. Gulam Hussain, Resident of Mohalla- Gewal Bigha Near - Hindi Middle School Gewal Bigha, Police Station - Rampur, District- Gaya. At present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Kachauri, Anchal- Sherghati, District- Gaya. 16.

Nagendra Kumar, Son of Sidheshwar Singh, Resident of Mohalla- Ganga Mahal, Police Station - Kotwali, District- Gaya. At present posted and working as a Trained Graduate Teacher (Science) in Govt. Middle School Nehalpur, Anchal- Belaganj, 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 Member Secretary, District Elementary Teachers Promotion and Transfer Committee, Gaya.

8.

The District Programme Officer (Establishment) Gaya. 9.

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

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

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

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

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

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

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

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

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

The Block Education Officer, Paraiya, District- Gaya. 19.

The Block Education Officer, Sherghati, District- Gaya.

Patna High Court CWJC No.19452 of 2019(2) dt.23-09-2019 3/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-09-2019 Heard learned counsel for the petitioners and the respondents.

The present writ application has been filed for a direction to the respondent 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 is 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 receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) uday/- U