Suresh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10780 of 2018 ====================================================== Suresh Kumar Singh, son of Kailash Singh, resident of Village and P.O. Nagari, P.S. Charpokhari, Dist. Bhojpur, presently posted as District Programme Officer, Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

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

3.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

4.

The Director (Administration)-cum-Additional Secretary, Education Department, Government of Bihar, Patna.

5.

The District Education Officer, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar Manglam, Adv.

For the Respondent/s :

Mr. Vivek Anand Amritesh, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 04-06-2018 Heard learned counsel for the petitioner and counsel for the State.

This writ application can be disposed of without asking the State to file counter affidavit.

In the present case, the petitioner has raised a grievance that he was earlier transferred from Gaya to Chapra vide notification contained in Memo No. 940 dated 30.6.2017 (Annexure-1). The petitioner is going to retire on 31.1.2019 but, instead of considering the fact that the petitioner has completed less than one year of his posting at Chapra, he has again been

Patna High Court CWJC No.10780 of 2018 dt.04-06-2018 2/2 transferred from Chapra to Begusarai vide impugned notification contained in Memo No. 515 dated 7.5.2018 (Annexure-4). Now only six months has been left for his superannuation and the impugned order has been passed for his transfer. The petitioner has already filed a representation (Annexure-5) before the Director (Administration), Education Department, Bihar, Patna, giving details of the fact but, the same has not been disposed of as yet.

For convenience, the petitioner is directed to file a fresh representation giving all details before the Principal Secretary, Education Department who will dispose of the same taking into account that the petitioner is going to superannuate within six months.

Till the decision is taken by the Principal Secretary, Education Department, the petitioner will not be coerced to join at the new place of posting.

With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.06.2018 Transmission Date NA