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Patna High CourtCWJC/15811/2025disposed

Renu Tiwari v. The State Of Bihar

2025-09-23Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15811 of 2025 =============================================== ======= Renu Tiwari W/o Ajay Tiwari, R/o 0,0, Anand Nagar, P.O.- Siwan, P.S.- Siwan Sadar, District- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar through its Additional Secretary, Education Department, Government of Bihar, New Secretariat, Vikas Bhawan, Bailey Rd, Patna-800015.

2.

The Additional Secretary, Education Department, Government of Bihar, New Secretariat, Vikas Bhawan, Bailey Rd, Patna-800015. 3.

Director, Department of Secondary Education, Govt. of Bihar, Patna.

4.

District Education Officer, Siwan.

... ... Respondents =============================================== ======= Appearance :

For the Petitioner/s :

Mr.Ansul, Sr. Advocate Mr.Anuj Kumar, Advocate For the Respondent/s :

Mr.Government Pleader (24) =============================================== ======= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-09-2025 Heard the parties.

2. The petitioner who has been working as an Assistant Teacher in a government high school has approached this Court on being aggrieved with the order dated 01.03.2024 issued under Memo no. 01/M.S.K.- 05/2023-626/Patna to the extent it relates to the transfer of the petitioner from Smt. Rajbanshi Devi Girls High School, Siwan to High School, Pachalkhi, District- Siwan, as Principal of the school.

Patna High Court CWJC No.15811 of 2025 dt.23-09-2025 2/3

3. Mr. Ansul, learned Senior Advocate for the petitioner taking this Court through the averments made therein and the annexures appended thereto submitted that having been conscious of the fact that the transfer is an incidence of service, however in the case in hand, the petitioner who has been serving her last year of service facing serious aliments and getting her regular treatment and follow up done in Max Hospital, New Delhi, hence, present application. The transfer of the petitioner at remote area causing cascading effect to her health; taking note of the aforesaid fact the District Education Officer, Siwan vide letter no. 274 dated 21.06.2024 has also made a recommendation to the Director, Education Department, Bihar, Patna to consider the case of the petitioner sympathetically for her transfer to an appropriate place and school. The petitioner also filed a representation the copy of which has been placed on record as Annexure 'P/4 series', however till date no action has been taken compelling the petitioner to approach this Court.

4. Learned Advocate for the State submitted that since the petitioner has already joined the transferred place, now the cause of action does not survive. However as the petitioner has preferred a representation for her transfer on the ground of ill health, the same shall be considered by the concerned authorities.

5. Having considered the submissions advanced and taking note of the recommendation made by the District Education Officer, this Court

Patna High Court CWJC No.15811 of 2025 dt.23-09-2025 3/3 thinks it apt and proper to dispose of the writ petition with a direction to the respondent no. 3 to consider the representation of the petitioner dated 19.06.2024 and pass an appropriate order in accordance with law, keeping in mind the health condition and fag end of service of the petitioner, preferably within a period of four weeks.

6. Accordingly, this writ petition stands disposed of. (Harish Kumar, J) Tusharika/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.09.2025 Transmission Date 25.09.2025