Dismissed

Sanjeev Kumar Pandey and Ors. v. The State Of Bihar and Ors.

Patna HC17 Nov 2016CWJC/17481/2016

Case brief

AI extract

What is this about?

Single-judge bench dismissed a batch of writ petitions filed by government clerks challenging a transfer order. The court held that joining the transferred post rendered the order effective in a manner that precluded further challenge under Article 226.

What did the court decide?

Writ applications dismissed on the ground that issue of transfer bar had been waived by joining public duty.

Sanjeev Kumar Pandey and Ors. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17481 of 2016

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====================================================== 1. Sanjeev Kumar Pandey Son of Late Ramasan Pandey resident of village - Akhtiyarpur, P.O. Garkha, Police Station Garkha, District Saran at Present Posted as Clerk in the office of District Education Officer, Gopalganj 2. Ajay Kumar Son of Late Yogendra Singh resident of village - Majirwa Khurd, P.O. Mishra Batraha, Police Station Fulwaria, District - Gopalganj at Present Posted as Clerk in the office of District Education Officer, Siwan, District - Siwan 3. Manoj Kumar Son of Late Brajeshwar Prasad resident of Mohalla - Dahiyawa Chapra, Police Station Town Chapra, District - Saran at Present Posted as Clerk in the office of District Education Officer, Gopalganj, District Gopalganj

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Punam Kumari Wife of Shri Amrendra Kishore Singh resident of village + P.O. Sihauta Bangra, Police Station Maharajganj, District Siwan at Present Posted as Clerk in the office of District Education Officer, Gopalganj 5. Arun Kumar Son of Late Jay Prasad Sharma resident of village + P.O. Mahmmadpur, Police Station Garkha, District Saran at at Present Posted as Clerk in the office of District Education Officer, Gopalganj, District Gopalganj 6. Basukinath Singh son of late Kameshwar Prasad Singh resident of village + P.O. Domayee Garh, Police Station - Manjhi, District - Saran at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj. 7. Suman Prasad son of late Ram Nagina Prasad resident of village + P.O. Dumari, Police Station - Manjhi, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj. 8. Sudama Rai son of late Ghura Rai resident of mohalla Chhatradhari Bazar Chapra, Police Station - Bhagwan Bazar, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Raj Kishore Shrivastava son of late Bhagwati Prasad resident of village - Sondhani, P.O. Sondhani, Police Station - Bhagwanpur, District - Siwan, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Arbind Kumar son of late Shiv Shankar Prasad resident of village - Tangaul Kadam Ghat, P.O. Hazipur, District - Vaishali, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Ram Bilas son of late Ram Pyare resident of mohalla Mauna Dhanuk Toli, Police Station - Chapra Town, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Shankar Prasad Yadav son of late Sukdeo Rai resident of mohalla Nai Bazar Sadar Hospital Road, P.O. + Police Station - Bhagwan Bazar, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Arbind Kumar Pandey son of Shri Vijay Chandra Pandey resident of village - Makaspur, P.O. Baijani, Police Station - Jagdishpur, District - Bhagalpur, at present posted as clerk in the office of District Education

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Patna High Court CWJC No.17481 of 2016 (2) dt.17-11-2016

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Officer, Gopalganj, District - Gopalganj.

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Brajesh Kumar son of late Toshan Prasad Yadav, resident of village - Jalalpur, P.O. Rasalpura, Police Station - Doriganj, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Mithu Prasad son of Shri Shreeniwas, resident of village + P.O. Marar Bindwalia, Police Station - Pipara, District - Kushinagar (Uttar Pradesh), at present posted as clerk in Sarvodaya High School Bangra, District Saran. 16. Shatrughan Singh son of late Deo Kishore Singh, resident of village - Maksudpur, P.O. Basantpur Bangla, Police Station - Amnour, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Harendra Prasad son of late Bachcha Prasad, resident of village - Raghunandanpur, P.O. Ratanpura, Police Station - Fulwaria, District - Gopalganj, at present posted as clerk in Sarvodaya High School Bangra, District Saran.

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Man Mohan Singh son of late Hari Shankar Singh, resident of village + P.O. Narharpur, Police Station - Marhowrah, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Aftab Alam son of late Nesar Ahmad resident of village - Hakma, P.O. + Police Station - Garkha, District - Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District - Gopalganj.

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Mukul Kumar Singh son of Late Bisheshwar Dayal Singh resident of Village+P.O.- Sadawa, Police Station- Sidhwaliya, District- Gopalganj, at present posted as clerk in the office of District Education Officer, Saran, District- Saran.

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Om Prakash Yadav son of Late Shiv Chandra Prasad Yadav resident of Village- Hem Bardaha, P.O.- Maniyara, Police Station- Kuchaikot, DistrictGopalganj, at present posted as clerk in the office of District Education Officer, Saran, District- Saran.

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Tajuddin Taj son of Late Nesar Ahmad Ansari resident of VillageJalalpur, P.O.- Mubarakpur, Police Station- Marhowrah, District- Saran, at present posted as clerk in the office of District Education Officer, Gopalganj, District- Gopalganj.

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Rajesh Kumar Shrivastava son of Shri Nawal Kishore Shrivastava at present resident of Shashi Niwas Husse Chapra, Police Station- Chapra Town, District- Saran, at present posted as clerk in the office of District Education Officer, Siwan, District- Siwan.

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Nagendra Rai son of Late Punyakal Rai resident of Mohalla Purwee Rauza, Police Station- Town Chapra, District- Saran, at present posted as clerk in the office of District Education Officer, Siwan, District- Siwan.

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Binod Kumar Singh Son of late Bindalal, resident of Village- Orbigha, P.O. Habipur Police Station- Akangarsarai, (Parwalpur), District- Nalanda, at present posted as clerk in Govt. Primary Teacher's Training College, Bangra, District Saran.

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Sant Kumar Singh Son of Late Krishna Kumar Singh, resident of village + P.O. Naraon, Police Station- Awtar Nagar, District- Saran, at present posted as clerk in the office of District- Education Officer, Siwan, District- Siwan.

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Rajendra Prasad Son of Shri Ratan Lal, resident of Village + P.O. Patar, Police Station- Raghunathpur, District- Siwan, at present posted as

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Patna High Court CWJC No.17481 of 2016 (2) dt.17-11-2016

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clerk in the office of District Education officer, Saran, District- Saran.

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Sarbanand Singh Son of Shri Bir Bahadur Singh, resident of VillageNawada, P.O. Mukrera, Police Station- Revelganj, District- Saran, at present posted as clerk in the office of District Education Officer, Siwan, District- Siwan.

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Himanshu Kumar Singh Son of Late Ram Janam Singh at present resident of Mohalla Mission Road, Mahadewa, Siwan, Police StationSiwan Town, District- Siwan, at present posted as clerk in the office of District Education Officer Saran, District- Saran.

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Rajeshwar Rai son of late Ramjai Rai, resident of Village- Makinpur, P.O. Garkha, Police Station- Garkha, District- Saran, at present Posted as Clerk in the office of District Education officer, Siwan, District- Siwan. .... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna

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The Director, Secondary Education, Education Department, Bihar, Patna 3. The Regional Deputy Director of Education, Saran Division at Chapra

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The District Education Officer, Gopalganj.

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The District Education Officer, Saran at Chapra.

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The District Education Officer, Siwan.

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The District Programme Officer (Establishment), Gopalganj.

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The District Programme Officer (Establishment), Saran at Chapra.

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The District Programme Officer (Establishment), Siwan.

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Kameshwar Kumar-GP17

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====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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2 17-11-2016 The writ application is dismissed, since the petitioners have already joined their transferred post in terms of the order of transfer, contained in Annexure-6. Once the joining is given, the order of transfer loses its effect and the same cannot be challenged.

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(Ajay Kumar Tripathi, J)

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SKM/-

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Sanjeev Kumar Pandey and Ors. v. The State Of Bihar and Ors.

Case brief

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Sanjeev Kumar Pandey and Ors. v. The State Of Bihar and Ors.

Case brief

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