The Patna HC disposed of a writ petition regarding a cancelled transfer order. The court directed the Block Education Officer to dispose of the petitioner's representation within four weeks relying on a related case.
Direction to Respondent No. 7 to dispose the representation within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21762 of 2012
====================================================== 1. Brahmdeo Yadav Son Of Sri Rameshwar Prasad Yadav Resident Of At + P.O. Nandlali, Bhaya, Pachagachhia, P.S. Bihra, District- Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Old Secretariate, Patna 2. The Commissioner Cum Secretary Human Resources Development Department Govt. Of Bihar, New Secretariate, Patna 3. The Director, Primary Education, Govt. Of Bihar, New Secretariate, Patna 4. The Joint Secretary, Human Resources Development Department Govt. Of Bihar, New Secretariate, Patna 5. The Regional Deputy Director (Education) Koshi Pramandal, Saharsa 6. The District Programme Officer (Establishment) Saharsa 7. The Deputy Development Commissioner, Saharsa 8. The District Education Officer Cum Chairman District Education, Transfer Committee, Siwan 9. The Block Education Officer, Sattarkataiya Block, Saharsa 10. The District Treasury Officer, Saharsa 11. Sri Santosh Kumar Jha Headmaster Middle School Barahsher, Block Sattarkataiya At Present Illegally Joined As Headmaster, Marked Middle School, Sattarkataiya Block Sattarkataiya District- Saharsa .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 2 13-12-2012 Heard the learned Counsel for the petitioner and the State. The petitioner is aggrieved by the orders dated 2.11.2012 and 8.11.2012. Learned Counsel for the petitioner submits that he was transferred on 5.6.2012 to the Middle School under Block Sattarkataiya. He joined on 6.6.2012. The order for transfer has been cancelled thereafter on 2.11.2012. Relying on an order in CWJC No. 21908 of 2012 disposed on 10.12.2012 filed by one Jai Shanker Paswan mentioned at serial no. 3 of the order dated 5.6.2012 it is submitted that he is similarly situated on facts and relies on the same legal submission as noticed in the earlier orders of
Patna High Court CWJC No.21762 of 2012 (2) dt.13-12-2012
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the Court.
Counsel for the State submits that notices may be issued to Respondent no. 11.
The Court does not consider it necessary. It has been stated at the Bar on behalf of the petitioner that he has already submitted a representation before respondent no. 7. If the issue stands decided by earlier court orders and the petitioner has represented let his representation be disposed by Respondent no. 7 in accordance with law after hearing all concerned, more particularly in light of the law discussed in CWJC No. 21908 of 2012 preferably within a maximum period of four weeks from the date of receipt and/or presentation of a copy of this order.
The writ application stands disposed.
(Navin Sinha, J)
Snkumar/-
1 issue framed by the court
Whether the transfer order of the petitioner should be reinstated or the representation be disposed of.
Colour shows how this judgement treated each authority
Jai Shanker PaswanReferred¶2
CWJC No. 21908 of 2012
Brahmdeo Yadav
The State Of Bihar Through The Chief Secretary
The Commissioner Cum Secretary Human Resources Development Department
The Director, Primary Education
The Joint Secretary, Human Resources Development Department
The Regional Deputy Director (Education)
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
