Patna High Court
Md. Monazir Ahmed vs The State Of Bihar on 4 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8308 of 2021
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1. Md. Monazir Ahmed Son of Md. Ulfat Hussain Resident of Village -
Shamaspur, Police Station - Belaganj in the district of Gaya
2. Abdus Samad Arzoo Son of Md. Siddique, Resident of Village - Rupin,
Police Station - Fatehpur in the District of Gaya
3. Md. Akramool Haque Son of Wali Mohammad Resident of Village Jharna
Saran, Police Station - Nimchak Bathani in the District of Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of
Education, Government of Bihar, Patna
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna
3. The Director Primary Education, Government of Bihar, Patna
4. The Regional Deputy Director of Education, Magadh Division, Gaya
5. The District Education Officer, Gaya
6. The District Programe Officer (Estb.), Gaya
7. The Block Education Officer, Tekari in the District of Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Respondent/s : Mr.Amit Bhushan, AC to GP 17
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 04-05-2021
Heard learned counsel for the petitioners and learned
counsel for the respondents through video conference. Learned
counsel for the petitioners has filed an undertaking that all
defects pointed out by the stamp reporter shall be removed, and
compliance with the conditions of the notices of this Court with
regard to acceptance of e-filing shall be made, without delay
Patna High Court CWJC No.8308 of 2021 dt.04-05-2021
immediately upon resumption of normal physical functioning of
the Court, and in any event within one month thereof.
2. The present writ petition has been filed for the
following reliefs as formulated by the petitioners--
(i) To direct the respondents to consider
the case of the petitioners for their
transfer as per Rule 3 read with Rule
5(kha) of Bihar Nationalized Elementary
teacher Transfer (Disciplinary action and
promotion) Rule, 2018 (hereinafter
referred in short Rule, 2018) as per the
option of transfer granted to the teachers.
(ii) Also to direct the respondents to
transfer the petitioners as per their option
given by them in pursuance to Rule-3 read
with Rule 5 (kha) of the Rule, 2018.
(iii) Also for any other relief/reliefs for
which the petitioners are found to be
entitled in the eye of law."
3. It is submitted on behalf of the petitioners that despite
having exercised their option for transfer (Annexure 3 series) in
view of Rule 5(kha) of Bihar Nationalized Elementary Teacher
Transfer (Disciplinary Action and Promotion) Rules, 2018, their
requests have not yet been acceded to. Learned counsel for the
petitioners relies on an order of this Court dated 30.08.2019
passed in CWJC No. 17570 of 2019 (Shashikant Kumar and
Patna High Court CWJC No.8308 of 2021 dt.04-05-2021
others Vs. The State of Bihar and others) and other analogous
cases (Annexure-4).
4. Learned counsel for the State appears and has been
heard.
5. Having regard to the nature of the grievance of the
petitioners, the writ petition is disposed of, granting liberty to
the petitioners to file appropriate representations afresh before
the District Programme Officer (Estb) (respondent No. 6) within
a period of four weeks from today. If any such representation is
filed, the same shall be considered and disposed of in
accordance with law after grant of an opportunity of hearing to
the petitioners, within a further period of eight weeks thereafter.
To facilitate disposal, the petitioners shall furnish their mobile
numbers and email IDs to the respondent no. 6 within a week
from today.
6. It is made clear that in view of the ongoing Covid-19
pandemic, any correspondence between the parties may be
made through email and the petitioners shall be at liberty to
request for hearing through video conference.
7. Office shall follow-up to ensure that all defects are
removed and compliance with the notices of this Court are made
by the petitioners within the stipulated time provided in para 1
Patna High Court CWJC No.8308 of 2021 dt.04-05-2021
hereinabove, failing which the matter shall be brought to the
notice of this Court.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE --
Uploading Date 07.05.2021
Transmission Date --
