Disposed

Bihar Shiksha Pariyozna Parishad Employees Union v. The State Of Bihar and Ors.

Patna HC17 Oct 2012CWJC/19295/2012

Case brief

AI extract

What is this about?

The court disposed of the writ petition involving contract-based employees and their transfer, holding that Fundamental Rule-4 does not apply. Instead, it directed the petitioner to file a grievance representation within a week for consideration by the authorities.

What did the court decide?

Petitioner directed to file a representation within a week against the transfer; authority to consider it and modify the order within two weeks.

Bihar Shiksha Pariyozna Parishad Employees… — Contract and Commercial Disputes | Patna HC (2012)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.19295 of 2012

¶3

====================================================== 1. Bihar Shiksha Pariyozna Parishad Employees Union Through Its Vice President Mahesh Kant Rai S/O Sri Ram Awatar Rai R/O Post And P.S.- Mashepur, District- Madhubani .... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary Department Of Education, Government Of Bihar, New Secretariat, Patna 3. The Bihar Education Project Council Through Its State Project Director Shiksha Bhawan, Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna 4. The Development Commissioner Cum Chairman Executive Committee, Bihar Education Project Council, New Secretariat, Patna 5. The State Project Director Bihar Education Project Council, Shiksha Bhawan, Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Mishra Mr. Jitendra Kumar, Advocates. For the Respondent/s : Mr. Lalit Kishore, AAG-1. Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER

¶4

3 17-10-2012 The petitioner is an Association of the employees appointed on the contract basis on a particular post to perform job of that post. In service contract, condition is provided that the appointee shall be transferred and regulation (Annexure-1) also provides that the service is not transferable generally but in exceptional cases transfer can be made. In order to complete the contract, any transfer to another post may amount to new appointment for the remaining period. As per the ingredient of contract consent of employees must be obtained. Since it is not a

¶5

Patna High Court CWJC No.19295 of 2012 (3) dt.17-10-2012

¶6

2 / 2

¶7

Civil Post, therefore, Fundamental Rule-4 will not apply and this Court also cannot entertain this petition. Therefore, in order to meet the ends of justice, the writ petition is disposed of with the direction that the petitioner shall make a representation within a week raising their grievance, if any, against their transfer and that shall be considered in terms of the contract of service within two weeks. Transfer order shall be modified by the authority as per decision on the representation.

¶8

Certificate issued by the learned Advocate appearing for the petitioner is genuine as this Court earlier granted stay and dictated the order but after second thought this order has been passed.

¶9

(Prakash Chandra Verma, J)

¶10

Mkr./-

Bihar Shiksha Pariyozna Parishad Employees Union v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Bihar Shiksha Pariyozna Parishad Employees Union v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suresh Chandra Srivastava and or Vs the State of Bihar and Ors.

Md.Mukhatar and Ors. Vs the State of Bihar and Ors.

Bucho Ram Vs The State Of Bihar and Ors.

Madan Shah Vs the State of Bihar and Ors.

Srikant Prasad Vs the State of Bihar and Anr.

Ram Udgar Rai Vs the State of Bihar and Ors.