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Rajeev Kumar v. The State of Bihar

Patna HC24 Sept 2019CWJC/19659/2019

Case brief

AI extract

What is this about?

In a writ petition challenging inaction regarding transfer requests, the Patna High Court directed the respondents to take a final decision on the petitioners' choice of transfer or posting under the 2006 Secondary Education Rules within 60 days.

What did the court decide?

Direction to the respondents to take an appropriate decision regarding the choice of transfer/posting of the petitioners in terms of Rule 10 within 60 days.

Rajeev Kumar Vs The State of Bihar — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19659 of 2019

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Rajeev Kumar S/o Shri Ramanand Roy, Resident of Ward No. 11, Pustakalay, Gauspur, Vill, Rajaura, Cheria bariarpur, Begusarai- 851131.

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Chin Chin Kumari, W/o Rajeev Kumar, Resident of Ward No. 11, Pustakalay, Gauspur, Vill. Rajaura, P.S. Cheria Bariarpur Begusarai- 851131.

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Bharat Kumar Suman, S/o Beni Madhav Sah, R/o Vill. Pahalam, Dist. Saharsa- - 852127.

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Ganga Dhar Rajak, S/o Ramkhelawan Rajak, R/o Vill. Garhara, P.S. Barauni, Dist. Begusarai- 851128.

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Vijay Kumar Poddar, S/o Satyanarayan Poddar, R/o Vill. Pipra Dewas, Ward Nol. 14, Dist. Begusarai- 851112.

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Rajiv Lochan, S/o Satyadeo Narayan Singh, R/o New Professor Colony, Dinkar Nagar, Ward No. 18, Dumri, P.S. Cheria Bariarpur, dist. Begusarai851117.

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Kumari Nirupama, W/o Tarun Kumar, R/o New Professor Colony, Dinkar Nagar, Ward No. 16, East of Refinery Township, Dumri, Dist. Begusarai851117.

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Md. Shaid Equbal, S/o Md. Obaidur Rahman, R/o Fatma Chak, Ward No. 08, P.O. Parrahi, Bishnupur Maniari, Dist. Sheohar- 843329.

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Punam Kumari, W/o Nishant Alok, R/o Panhas, Ward No. 26, Suhird Nagar, Cheria Bariarpur, Dist. Begusarai- 851218.

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Nishant Alok, S/o Eknath, R/o Panhas, Ward No. 26, Suhird Nagar, Cheria Bariarpur, Dist. Begusarai- 851218.

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Ram Parvesh Singh, S/o Bishnudeo Singh, R/o Ward No. 12, Near Gyan Bharti School, Harrakh, Begusarai- 851101.

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Sanjeev Kumar, S/o Chandra Deo Prasad Sah, Ward No. 42, Mizapur Bandaur, Bishnupur, Dist. Begusarai- 851129.

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Bipin Kumar, s/o Jaleshwar Paswan, R/o Chutiya, Ward No. 01, P.S. Banka, Chutiya Arazi, Dist. Banka- 813102.

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Sanjeev Ranjan Choudhary, S/o Biradar Choudhary, R/o Akbarpur Chalis, Ward No. 12, Akbarpur Barari, Dist. Begusarai- 851129.

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Prabha Kumari, D/o Bindeshwari Paswan, R/o Ward No. 36, Near Meera Nursing Home, Shipuri Pokharia, Dist. Begusarai- 851101.

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Ranjana Kumari, W/o Chitranjan Choudhary, R/o BHA- 37 JAN-37,

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Patna High Court CWJC No.19659 of 2019 dt.24-09-2019 2/4

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Matihani, Dist. Begusarai- 851129.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

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The Principal Secretary, Education Department, Government of Bihar, Patna.

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The Director Secondary Education, Bihar, Patna.

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The Regional Deputy Director of Education, Munger Munger Division, Munger, Bihar.

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The District Magistrate, Begusarai, Bihar.

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The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Begusarai.

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The District Education Officer, Begusarai, District- Begusarai, Bihar.

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The District Programe Officer (Establishment) Begusarai, DistrictBegusarai, Bihar.

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Secondary/ Higher Secondary Teacher/ Librarian Niyojan Samiti, Zila Parishad, Begusarai through its Deputy Development Commissioner-cum Chief Executive Officer- cum- Secretary.

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The President, Zila Parishad, Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mrigank Mauli, Advocate Mr. Prince Kumar Mishra, Advocate Mr. Sanket, Advocate For the State : Mr.Arbind Kumar Singh, AC to GP 20 For Zila Parishad : Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL JUDGMENT

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Date : 24-09-2019

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Heard learned counsel for the petitioners and the

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State.

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The grievance of the petitioners in the present writ petition is non-consideration of their case for transfer in terms of Rule 10 of the Bihar Zila Parishad Madhyamik Evam Ucchatar

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Patna High Court CWJC No.19659 of 2019 dt.24-09-2019 3/4

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Madhyamik Sikshak (Niyojan Evam Seva Shartein) Niyamavali, 2006 (hereinafter referred to as ‘the Rule’), which is relevant Rule for transfer and posting.

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Mr. Prince Kumar Mishra, learned counsel appearing on behalf of the petitioners would submit that under the Rules the teachers are entitled to seek transfer twice in the whole career provided there is gap of five years in between first and second transfer. He submits that notwithstanding the scheme of the Rule and request made by the petitioners for transfer in terms of Rule 10, the respondents have not finally decided the case of the petitioners for transfer. He submits that the meeting was also convened for the purpose of taking final decision but decision was not finally taken. Under the aforesaid circumstances, the petitioners have approached this Court.

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In view of the above, if the respondents have framed Rule, they are required to follow the Rule which they have framed and if any benefit is available to the teachers under the Rule, the same cannot be defeated by inaction on the part of the respondents.

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Considering the scheme of the Rule, the writ petition is disposed of with a direction to the respondents to take appropriate decision with regard to choice transfer/posting of the petitioners in terms of Rule 10, which applicable in the case of the

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Patna High Court CWJC No.19659 of 2019 dt.24-09-2019 4/4

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petitioners. Necessary decision in this regard must be taken by the respondents within a maximum period of 60 days from the date of receipt/production of a copy of this order.

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(Anil Kumar Upadhyay, J)

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spandey/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.09.2019
Transmission Date	NA

Rajeev Kumar v. The State of Bihar

Case brief

What is this about?

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Rajeev Kumar v. The State of Bihar

Case brief

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