Patna High Court
Md. Shahid vs The State Of Bihar on 16 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12975 of 2022
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1. Md. Shahid, son of Late Imamul Haque @Inamul Haque, resident of
Mohalla-Isha Nagar, Naya Tola, Phulwarisharif, Police Station-
Phulwarisharif in the district of Patna.
2. Shamim Akhtar, son of Md. Shahid, resident of Village and P.O.-Bela, Police
Station-Dariyapur in the district of Saran.
3. Firdos Jahan, Wife of Md. Shakil Ahmad @ Md. Sadik Hasmi resident of
Mohalla-Millat Nagar, Bauli, Police Station-Phulwarisharif in the district of
Patna.
4. Nishat Anjum, Wife of Md. Manwar, resident of Nishat Villa, Federal
Colony, Ishpur, Phulwarisharif, Police Station-Phulwarisharif in the district
of Patna.
5. Kishwar Khatoon, Wife of Abu Zafar, resident of Aashiana E-Zafar, Dargah
Road, Masoom Gali, Sultanganj, Police Station-Sultanganj in the district of
Patna.
... ... 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, Patna Division, Patna.
5. The District Education Officer, Patna.
6. The District Program Officer (Estb.), Patna.
7. The Block Education Officer, Bihta in the district of Patna.
8. The Block Education Officer, Dulhin Bazar, in the district of Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Respondent/s : Mr. Mukund Mohan Jha, AC to GP-27
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL JUDGMENT
Date : 16-02-2023
Heard the parties.
2. Both the counsels agree that the writ petition can be
Patna High Court CWJC No.12975 of 2022 dt.16-02-2023
disposed of in terms of the similar order passed in other writ
applications. This Court finds that in C.W.J.C. No. 17570 of
2019 vide order, dated 30.08.2019, the co-ordinate Bench passed
following order:
"Heard learned counsel for the
petitioner and the respondents.
The present writ applications have
been filed for a direction to the respondents to
transfer the petitioners as per Rule 3 read with
Rule 5(kha) of Bihar Nationalized Elementary
Teacher Transfer (Disciplinary Action and
Promotion), Rules, 2018.
Without entering into the merit, the
present writ applications stand disposed of
with a direction to the District Programme
Officer (Establishment), Gaya to consider the
case of the petitioners for transfer in terms of
Rule 3 read with Rule 5 (kha) of Bihar
Nationalized Elementary Teacher Transfer
(Disciplinary Action and Promotion), Rules,
2018 at the earliest preferably within a period
of 60 days from the date of receipt/production
of a copy of this order.
With the aforesaid, the writ
petitions stand disposed of."
3. In this case also, the counsel for the petitioners is
satisfied that the aforesaid directions are passed.
4. Accordingly, it is directed that the District
Programme Officer (Establishment), Patna, shall consider the
Patna High Court CWJC No.12975 of 2022 dt.16-02-2023
case of the petitioners for transfer in terms of Rule 3 read with
Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer
(Disciplinary Action and Promotion), Rules, 2018, at the earliest
preferably within a period of sixty days from the date of receipt
of this order.
5. The writ petition is, accordingly, disposed of.
(Sanjeev Prakash Sharma, J)
Ashwini/-
Item No.1
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.02.2023
Transmission Date NA
