Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.135 of 2023 ====================================================== 1.

Vikash Kumar S/o Kabilash Choudhary R/o Village and P.O.- Parsadi English, Arwal, P.S.- Sonbarsa, Arwal.

2.

Mahmmad Meraj Alam, S/o Md. Salim R/o- P.O. and P.S.- Salempur, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-cum-Mission Director BPSM, General Administration Department, Government of Bihar, Patna. 2.

The Principal Secretary-cum-Mission Director BPSM, General Administration Department, Government of Bihar, Patna. 3.

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

4.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

5.

The Director PM Poshan Yojna, Bihar State Mid day Meal Scheme Samittee, Patna.

6.

The District Magistrate, Gopalganj.

7.

The District Magistrate, Arwal.

8.

The District Programme Officer, Mid Day Meal Scheme, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2023 This writ application has been filed for quashing of the letter as contained in memo no. 2241 dated 28.09.2022 issued under the signature of Additional Chief Secretary, Education Department, Government of Bihar, Patna whereby and where under the services of the petitioners and similarly situated employees on the post of Executive Assistant who have completed three years of services have been transferred to

Patna High Court CWJC No.135 of 2023(2) dt.20-01-2023 2/2 different Departments, in most arbitrary and illegal manner, without taking into consideration their engagement of terms and conditions.

In this connection, the petitioner places his reliance upon a decision of this court annexed at Annexure 4 and 5. It is submitted that the action of respondent in transferring their services is contrary to the terms of appointment and same can not be done.

In the aforesaid facts and circumstances, petitioner is at liberty to file a detailed representation before Principal Secretary-cum-Mission Director BPSM, General Administration Department, Government of Bihar, Patna (respondent no. 2) raising all his grievances within a period of four weeks. If such representation is filed within a period of four weeks, from today, the same shall be disposed of in accordance with law after hearing the parties within a period of one month from the date of receipt of copy of this order. (Prabhat Kumar Singh, J) asmit/- U