Shahla Khanam, v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22638 of 2019 ====================================================== 1.

Shahla Khanam, Wife of Md. Saadi Khan, Resident of Road No. 12, AreaAliganj, Police Station- Chandauti, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Urdu Primary School, Salempur, Anchal- Nagar Nigam (South), District- Gaya.

2.

Sabiha Perween, Wife of Nehal Ahmad Khan, Resident Mohalla- Road No. 1/A, New Karimganj, Police Station- Civil Line, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Urdu Primary School, Manpur, Anchal- Nagar Nigam (South), District- Gaya. 3.

Ishrat Yasmin, Wife of Naushad Ahmad Khan, Resident of Mohalla- New Karimganj, Police Station- Civil Line, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Urdu Primary School Balapur, Anchal - Bela Ganj, District- Gaya.

4.

Md. Imteyaz Ansari, Son of Md. Nizamuddin, Resident of Village- Konch, Police Station- Konch, District- Gaya. At present posted and working as an Assistant Teacher in Govt. Middle School, Anchal- Konch, District- Gaya. ... ... 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 Committe, Gaya. 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, Nagar Nigam (South), District- Gaya. 10.

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

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Adv.

For the Respondent/s :

Mr.Madanjeet Kumar ( GP20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2019 Heard both sides.

Petitioners filed this writ petition for a direction to the

Patna High Court CWJC No.22638 of 2019(2) dt.09-12-2019 2/2 respondents to transfer the petitioners as per Rule 3 read with Rule 5 (kha) of the Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018. Learned counsel for the petitioners submits that in the case of Shakeel Ahmad & Ors. (C.W.J.C. No.22048 of 2019), this Court disposed of the writ petition with a direction to the District Programme Officer (Establishment), Gaya to consider the case of the petitioners for transfer in view of the decisions of the Education Department.

Having considered the submissions, I dispose of the writ petition with a direction to the District Programme Officer (Establishment), Gaya to consider the case of the petitioners for their transfer in terms of Rule 3 read with Rule 5(kha) of the Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018 at the earliest preferably within sixty days from the date of receipt/production of a copy of this order.

With the aforesaid direction, this writ petition stands disposed of.

(Prabhat Kumar Jha, J) Harish/- U