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Patna High CourtCWJC/19860/2019disposed

Ramyatam Kumar v. The State Of Bihar

2019-09-26Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19860 of 2019 ====================================================== 1.

Ramyatam Kumar Son of Sri Vishnu Ram Resident of Village- Surheri, Police Station- Muffasil, District- Gaya. Presently residing at MohallaBhusunda (Beldari Tola), Police Station- Moffasil, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Chhotiya, Anchal- Khizersarai, District- Gaya.

2.

Md. Shahab Uddin Son of Md. Zafir Uddin Resident of Village- Jagdishpur, Police Station- Moffasil, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Mataso, Anchal- Fatehpur, DistrictGaya. 3.

Shahid Akhtar Son of Md. Fariduddin Ansari Resident of VillageJagdishpur, Abgila, Police Station- Mofassil, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Badauan, Anchal- Fatehpur, District- Gaya.

4.

Md. Naushad Son of Late Md. Quasim Resident of Village and Post OfficeNauranga, Police Station- Moffasil, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Donaiya, Anchal- Fatehpur, District- Gaya.

5.

Md. Rafi Alam Son of Mohammad Hafeez Resident of Mohalla- Nadarganj, Ramsagar Road, Police Station- Civil Line, District- Gaya, At present posted and working as a Headmaster in Govt. Middle School Asni, Anchal- Guraru, District- Gaya.

6.

Birendra Kumar Son of Late Basudeo Prasad Resident of Village- Sonbigah, Police Station- Tankuppa, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Dihuree, Anchal- Fatehpur, DistrictGaya. 7.

Md. Shamser Alam Son of Md. Bashiruddin Resident of MohallaKarimganj, Road No.2, Police Station- Civil Line, District- Gaya. At present posted and working as a Trained Graduate Teacher in Govt. Urdu Middle School Amraha, Anchal- Nagar Prakhand, District- Gaya. 8.

Ramashish Prasad Son of Rambilash Prasad Resident of Village- Raghopur, Post Office- Powa, District- Gaya. At present posted and working as a Headmaster in Govt. Middle School Donaiya, Anchal- Fatehpur, DistrictGaya. ... ... 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.

Patna High Court CWJC No.19860 of 2019(2) dt.26-09-2019 2/3 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, Bodhgaya, District- Gaya. 10.

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

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

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

The Block Education Officer, Nagar Prakhand, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Prabhakar Jha, G.P. 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and learned counsel appearing for the respondent State.

The present writ application has been filed for a direction to the respondents 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 stands 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) at the earliest preferably

Patna High Court CWJC No.19860 of 2019(2) dt.26-09-2019 3/3 within a period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U