A single-paragraph oral order dismissing a batch of writ petitions challenging government transfer orders of primary and secondary education employees. The court held transfers are administrative exigencies in public interest and dismissed the writs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.12500 of 2012 (3) dt.03-10-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12500 of 2012
======================================================
.... .... PETITIONER/S
VERSUS
Patna High Court CWJC No.12500 of 2012 (3) dt.03-10-2012
BEGUSARAI 12. THE DISTRICT PROGRAMME OFFICER (ESTABLISHMENT), JAMUI 13. THE DISTRICT PROGRAMME OFFICER (ESTABLISHMENT), SHEIKHPURA 14. THE TREASURY OFFICER, MONGHYR DIVISION, MONGHYR 15. THE DISTRICT TREASURY OFFICER, BEGUSARAI 16. THE DISTRICT TREASURY OFFICER, MONGHYR 17. THE DISTRICT TREASURY OFFICER, JAMUI 18. THE DISTRICT TREASURY OFFICER, SHEIKHPURA 19. PRIMARY TEACHERS TRAINING COLLEGE, SHEIKHPURA THROUGH ITS PRINCIPAL .... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Manoj Priaydarshi Sc17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER 3 03-10-2012 The transfer is an exigency of service under the Fundamental Rule-2 that is provided that the government shall be liable to transfer at any place in the State of Bihar. Therefore, the order of transfer is purely administrative in nature and government passes the order in the public interest. Therefore, the writ petition being devoid is dismissed. However, it is open for the petitioners to make representation, which shall be considered in accordance with law on the ground as to whether they are employee of the union or not.
(Prakash Chandra Verma, J)
Bhardwaj/-
2 issues framed by the court
Whether an order of transfer of teachers is a maintainable writ petition subject to judicial review.
Whether transfer orders are administrative acts exempt from fundamental rule-2 application.
NARESH PRASAD SINGH
SHIV JEE CHAUDHARY
SUBODH KUMAR SINGH
PRAMOD KUMAR
PANKAJ KUMAR YADAV
THE STATE OF BIHAR
Prakash Chandra Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
