Patna High Court
Md. Shamsuzzama vs The State Of Bihar on 6 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11497 of 2023
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1. Md. Shamsuzzama Son of Hafiz Uddin, Resident of Village and P.O.-
Dhangarha P.S.-Kodhobari Distirct-Kishanganj Presently Working as
attendant (Peon) in High School Payi Bigha, Belaganj, District-Gaya.
2. Md Sajjad Alam Son of Md Mashiruddin @ Mashiruddin Resident of
Village-Kashtola Tangtangi P.O.-Rupni P.S.-Bahardurganj, District-
Kishanganj. Presently Working as attendant (Peon) in High School Chakand,
District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Director Secondary Education Department, Govt. of Bihar, Patna.
3. Regional Deputy Director of Education (RDDE) District-Gaya.
4. Regional Deputy Director of Education (RDDE) Distt.-Purnia
5. District Education Officer Gaya, District-Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Ziaul Quamar, Advocate
For the State : Mr. Jitendra Kr. Roy 1, SC-13
Mr. Jai Prabhat Kishore, AC to SC-13
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 06-05-2025
Heard Mr. Md. Ziaul Quamar, learned counsel
appearing on behalf of the petitioners and Mr. Jitendra
Kumar Roy, learned SC-13 assisted by Mr. Jai Prabhat
Kishore, learned AC to SC-13 appearing on behalf of the
State.
2. Petitioner nos. 1 and 2, who are working as
Patna High Court CWJC No.11497 of 2023 dt.06-05-2025
2/4
Class - IV employees at High School Payi Bigha, Belaganj,
District - Gaya and High School Chakand, District - Gaya,
respectively, have been transferred to Purnea Division under
the administrative control of respondent no. 4 - Regional
Deputy Director of Education, Purnea vide order dated
30.06.2022
, issued by the Director Secondary Education
Department, Government of Bihar, Patna.
3. The grievance of the petitioners is that, though,
they have been transferred from Gaya Division to Purnea
Division by the aforesaid order dated 30.06.2022, they have
not been allowed to join at Purnea Division by the
respondent no.4 - Regional Deputy Director of Education,
Purnea.
4. The respondent no.4 - Regional Deputy
Director of Education (RDDE), Purnea has filed a counter
affidavit, wherein, in paragraph no. 15, it has been stated
that the petitioner nos. 1 and 2 had given their option for
posting at Bahadurganj, District-Kishanganj and
Bahadurganj/ Kochadhaman, District - Kishanganj,
respectively. He also stated that there were four vacancies in
Kishanganj district and the employees who were senior to
Patna High Court CWJC No.11497 of 2023 dt.06-05-2025
the petitioners have been accommodated therein.
5. Though, the respondent no.4, in the counter
affidavit filed, has highlighted the preference of place of
posting given by the petitioners and the vacancy position in
the district of Kishanganj, wherein, the employees senior to
the petitioners are stated to have been accommodated, the
fact remains that the transfer order dated 30.06.2022 issued
by the Director Secondary Education Department,
Government of Bihar, Patna, insofar as the petitioners are
concerned, has not been cancelled or modified in any
manner.
6. Under the circumstance, since the petitioners
have been posted at Purnea Divsion under the
administrative control of the respondent no. 4 - Regional
Deputy Director of Education, Purnea vide order of transfer
dated 30.06.2022 issued by the Director Secondary
Education Department, Government of Bihar, Patna, which
is stated to have not been subsequently cancelled or
modified, this writ petition is hereby disposed of with a
direction to the respondent no. 4 - Regional Deputy Director
of Education, Purnea to allow the petitioners to join at
Patna High Court CWJC No.11497 of 2023 dt.06-05-2025
Purnea Division, in terms of the order of transfer dated
30.06.2022 issued by the Director Secondary Education
Department, Government of Bihar, Patna.
7. The writ petition stands disposed of with the
above direction.
(Nani Tagia, J)
Nilmani/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 08.05.2025
Transmission Date N/A
