Sushil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8993 of 2017 ====================================================== Sushil Kumar Son of Haridwar Singh Resident of Village Post Office- Korra, Police Station- Ghoshi, District- Jehanabad, at Present Posted as Head Master, Upgraded Middle School, Pinjaur, Anchal- Jehanabad, District Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Education, Bihar, Patna. 3.

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

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

The District Magistrate, Jehanabad.

6.

The District Education Officer-cum-Chairman, District Elementary Teacher Promotion Committee, Jehan 7.

The District Programme Officer Establishment District Jehanabad. 8.

Pramod Kumar S/o Sri Bachan Sharma R/o Village- Ginji, P.S. Goshi, Jehanabad.

9.

Abhinash Chandra Chanchal S/o late Devendra Prasad Singh R/o VillageDhanganwa, P.S. Distt. Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Jha, Adv.

For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG-25 Private Respondents :

Mr. Dinu Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed present writ application challenging the decision of the respondents in the matter of posting vide order dated 27.06.2016. We are in 2019 more than three years have passed after order dated 27.06.2016. Under the aforesaid circumstance, the Court is not inclined to proceed any further in this case involving transfer.

Patna High Court CWJC No.8993 of 2017(4) dt.08-07-2019 2/2 Learned counsel appearing on behalf of petitioner submits that the petitioner has a right to exercise option and the respondents were under obligation to consider his option for posting in accordance with law. He further submits that the Principal Secretary, Education Department has also issued guidelines in this regard.

Considering the aforesaid, the present writ application is disposed of with a liberty to the petitioner to file exhaustive repreparation addressed to the Director, Primary Education, Bihar within a period of one months from today alongwith the copy of this order. In the event, such representation filed by the petitioner enclosing the guideline of the Additional Chief Secretary-cum-Principal Secretary, Education Department, Bihar the respondent Director shall pass appropriate order in the representation of the petitioner within a maximum period of 60 days from the date of filing of such representation. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U