Anant Kumar Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19033 of 2019 ====================================================== 1.

Anant Kumar Anand Son of Sri Nandlal Prasad Resident of Village and Post Office- Bishanpur, Police Station- Govindpur, District- Nawadah, presently posted as Assistant Teacher in Inter School, Biju- Bigha, Block- Nawadah, District- Nawadah.

2.

Prem Kumar Son of Nawal Kishore Singh Resident of Village - Nurichak, Post Office- Baur, Police Station- Kashichak, District- Nawadah, presently posted as Assistant Teacher in Inter School, Siur, Under Block- Roh, District- Nawadah.

3.

Yashwant Singh Son of Late Sheodhari Singh Resident of Village Gulariachak, Post Office- Simuara, Police Station- Tikari, District- Gaya, presently posted as Assistant Teacher in Sardar Patel Inter School, Konandpur, District- Nawadah.

4.

Mukesh Kumar Son of Sri Rajendra Prasad Resident of Village Mahadeobigha, Post Office- Oron, Police Station- Hisua, District- Nawadah, presently posted as Assistant Teacher in Upgraded High School, Bhadseni, District- Nawadah.

5.

Arvind Kishore Son of Sri Shyam Kishore Singh Resident of Village- Pali, Post Office and Police Station- Kashichak, District- Nawadah, presently posted as Assistant Teacher in Inter High School, Dhanpur, BlockKashichak, District- Nawadah. 6.

Jawaharlal Gupta Son of Ishwar lal Shah Resident of Village and Post Office and Police Station- Silao, District- Nalanda, presently posted as Assistant Teacher in Upgraded High School, Kalaunda Chatar, District- Nawadah. 7.

Janardan Prasad Son of Chandrika Prasad Resident of Village Bhorambag, Police Station- Kauakole, District- Nawadah, presently posted as Assistant Teacher in Inter School, Kauakole, District- Nawadah. 8.

Manoj Kumar Son of Late Rajendra Prasad Resident of Village Kulna, Police Station- Akbarpur, District- Nawadah, presently posted as Assistant Teacher in Adarsh Inter School, Sirdala, District- Nawadah. 9.

Vinita Priya Daughter of Sri Sidheshwar Prasad Resident of Village Benipur, Post Office and Police Station- Rupao, District- Nawadah, presently posted as Assistant Teacher in Plus 2 Ramlal High School, Targeer, DistrictNawadah. 10.

Md. Murtaza Ali Azam Son of Md. Hussain Resident of Village- Jamuawan, Post Office- Tungi, Police Station- Wazirganj, District- Gaya, presently posted as Assistant Teacher in Upgraded High School, Vishwanathpur, Block- Kashichak, District- Nawadah.

11.

Sunita Kumari Wife of Sujeet Kumar Resident of Village and Post Office and Police Station- Manjhwey, District- Nawadah, presently posted as Assistant Teacher in Inter School, Kauakole, Block- Kauakole, DistrictNawadah. 12.

Punam Rahul Wife of Binod Kumar Paswan Resident of Village and Post Office- Jiuri, Police Station- Pakribarawan, District- Nawadah, presently posted as Assistant Teacher in Plus 2 Ramlal High School, Targir, District-

Patna High Court CWJC No.19033 of 2019(2) dt.16-09-2019 2/3 Nawadah.

13.

Awadhesh Kumar Gupta Son of Sri Shravan Kumar Resident of Village Ganjpar, Post Office and Police Station- Barbigha, District- Sheikhpura, presently posted as Assistant Teacher in Upgraded High School- Kharsari (Kauakole), District- Nawadah.

14.

Binod Kumar Son of Late Bachu Prasad Nikunj Resident of Village Abdalpur, Post Office- Baghibagdiha, Police Station- Warsaliganj, DistrictNawadah, presently posted as Assistant Teacher in Upgraded High School, Masuda, District- Nawadah.

15.

Saket Bihari Saket Son of Late Bimal Bihari Sharma Resident of MohallaSri Krishna Nagar, Hisua, Post Office and Police Station- Hisua, DistrictNawadah, presently posted as Assistant Teacher in Inter School, Konandpur, Block- Pakribarawan, District- Nawadah.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director Secondary Education, Government of Bihar, Patna. 3.

The Regional Deputy Director of Education Magadh Division, Gaya. 4.

The District Education Officer Nawadah.

5.

The District Programme Officer (Establishment) Nawadah. 6.

The Deputy Development Commission-cum- Chief Executive Officer Zila Parishad, Nawadah, District- Nawadah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate.

:

Mr. Shambhu Sharan Kumar, Advocate.

For the Respondent/s :

Mr. Arvind Kumar, AC to G.P.-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-09-2019 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The present writ petition filed by the petitioners for giving direction to the respondent No.6 for their choice transfer which was not considered by the respondents despite filing of representation Annexure-3 series.

Patna High Court CWJC No.19033 of 2019(2) dt.16-09-2019 3/3 Learned counsel for the petitioners submits that the Rule 10 of Bihar Zila Parishad Secondary and Higher Education Teachers ( Selection & Service Condition) Rule 2006 is effected in the whole state of Bihar but in the District Nawada respondents are not following the rules and the representation filed by the petitioners (Annexure-3 series) is still pending for consideration before the respondents No.5 and 6. Considering the aforesaid, the writ petition is disposed of with direction to the respondents No. 5 and 6 to take appropriate decision on the representation (Annexure-3 series) filed by the petitioner within a period of two months from the date of receipt/production of a copy of this order. With the aforesaid the instant writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U