Meena Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8148 of 2018 =========================================================== Meena Pathak, Wife of Shri Istdeo Tiwari, resident of Anand Nagar Professor Colony, P.S.- Siwan Town, District- Siwan, At present posted as Senior Teacher, Aadarsh Raj V.M. Middle School, Siwan. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. Director (Primary Education), Education Department, Government of Bihar, Patna.

4. The District Magistrate, Siwan.

5. The District Education Officer, Siwan.

6. The District Programme Officer (Establishment), Siwan.

7. Block Education Officer, Siwan Sadar, District- Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Respondent/s : Mr. Jitendra Kumar Roy No-1, SC13 Mr. Hitesh Suman, AC to SC-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 11-05-2018 Heard learned counsel for the petitioner and State.

2. Two folds submissions have been advanced by the petitioner in support of her case for posting in Nagar Palika Middle School, Siwan.

3. Firstly; on health ground, the petitioner deserves posting as she is suffering from heart ailment and, as such, on humanitarian ground, the respondents may be directed to consider the case of the petitioner for posting at a place, which is convenient for treatment of the ailment of the petitioner.

4. The second limb of argument of learned counsel for the petitioner is that the petitioner is to retire within a period of 10

Patna High Court CWJC No.8148 of 2018 dt.11-05-2018 2/2 months from today and the respondents have taken a policy decision to consider the case of posting of the employee within the last year of service.

5. Learned counsel appearing on behalf of the State submits that the petitioner has approached the various authorities and the District Magistrate, Siwan has already recommended the case of the petitioner for sympathetic consideration. She may be relegated to the District Education Officer, Siwan for needful.

6. Considering the aforesaid, the writ application is disposed of with a direction to the District Education Officer, Siwan and District Programme Officer (Establishment), Siwan to consider the case of the petitioner for posting at a convenient place considering the ailment of the petitioner in the light of the recommendation of the District Magistrate, Siwan. The respondent District Education Officer, Siwan and District Programme Officer (Establishment), Siwan are required to take final decision preferably within a period of one month from the date of receipt/production of a copy of this order. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date15.05.2018 Transmission Date